New York AG Letitia James Wins Ruling To Block Musk’s DOGE From Accessing Sensitive Data Of Millions Of Americans

Englemayer, stated that anyone who is prohibited from having access to the sensitive data retroactive to Jan. 20 must immediately destroy all copies of any material downloaded from Treasury Department systems

On Feb. 8, U.S. District Judge Paul A. Engelmayer issued a preliminary injunction after 19 Democratic attorneys general sued Donald Trump to stop Elon Musk’s Department of Government Efficiency (DOGE) from accessing Treasury Department records that have sensitive taxpayer information, such as Social Security and bank account numbers of millions of Americans.

According to Time Magazine, the case, which was filed in New York City, alleged that the Trump Administration’s decision to give Musk and his DOGE team access to the Treasury Department’s central payment system was a violation of federal law.

In his ruling, Englemayer, an appointee of President Barack Obama, stated that anyone who is prohibited from having access to the sensitive data retroactive to Jan. 20, must immediately destroy all copies of any material downloaded from Treasury Department systems.

New York Attorney General Letitia James, whose office filed the lawsuit against Trump, said that Musk and DOGE’s access to sensitive information raises security issues and a possibility for illegal freezes of federal funds.

“This unelected group, led by the world’s richest man, is not authorized to have this information, and they explicitly sought this unauthorized access to illegally block payments that millions of Americans rely on, payments for health care, child care and other essential programs,” James said via a video message released by her office Feb. 7.

In a press release sent to BLACK ENTERPRISE by James’ office on Feb. 8, she also called attention to the effect Musk’s seizure of sensitive data has had on Americans across the country.

“From the moment Elon Musk and his DOGE employees gained unprecedented access to our personal private data, state bank account details, and other sensitive information, Americans across the country have been horrified. Over the past week, my office has heard from more than a thousand New Yorkers who were afraid they would lose their privacy and the critical funding their communities count on because of Musk and DOGE’s interference.”

James continued, “We knew the Trump administration’s choice to give this access to unauthorized individuals was illegal, and this morning, a federal court agreed. I have said it before, and I will say it again: no one is above the law. Now, Americans can trust that Musk – the world’s richest man – and his friends will not have free rein over their personal information while our lawsuit proceeds.”

According to the lawsuit, DOGE’s access to the personal information of taxpayers is both a violation of federal law and the United States Constitution’s doctrine of the separation of powers.

Treasury Secretary Scott Bessent is also accused of changing the department’s long standing policy of protecting sensitive data to allow Musk and his cronies access.

“This decision failed to account for legal obligations to protect such data and ignored the privacy expectations of federal fund recipients,” which includes states, veterans, retirees, and taxpayers, the lawsuit states.

According to a statement from Connecticut Attorney General William Tong, “This is the largest data breach in American history. DOGE is an unlawfully constituted band of renegade tech bros combing through confidential records, sensitive data and critical payment systems. What could go wrong?”

The ACLU has also stepped up to challenge Musk’s access to sensitive information, as Nathan Freed Wessler, the Deputy Director of the ACLU’s Speech, Privacy, and Technology Project indicated in a press release.

The organization called on Congress to do its job and check the executive branch’s overreach of power via a letter it sent to various Senate and House finance-related committee members.

“The American people deserve to know if their private financial, medical, and personal records are being illegally accessed, analyzed, or weaponized by Trump’s unaccountable team of unvetted outsiders. There’s every indication that DOGE has forced its way into the government’s most tightly protected databases and systems, without consideration of longstanding privacy safeguards mandated by Congress. We need answers now,” Wessler said.