A U.S. federal judge has ruled against blocking Elon Musk-led Department of Government Efficiency (DOGE) employees from accessing sensitive data at the U.S. Treasury. The decision, rendered by U.S. District Judge Colleen Kollar-Kotelly, emphasized that the retirees and union plaintiffs failed to demonstrate an imminent threat of irreparable harm, which is a necessary criterion for such an injunction. The plaintiffs, representing union members, asserted that granting DOGE access risked improper disclosure of personal financial data.
Judge Kollar-Kotelly, in her ruling, pointed out that despite onboarding errors, including one instance where a DOGE contractor was inadvertently given “read/write” access, there was no substantial evidence indicating these errors led to, or were likely to result in, improper disclosure outside the federal government. According to Kollar-Kotelly, the threat alleged by the unions was neither immediate nor certain enough to warrant a preliminary injunction against DOGE’s access to the Treasury’s Bureau of the Fiscal Service (BFS) data.
The decision contrasts with a separate ruling in the Southern District of New York, where Judge Jeannette A. Vargas applied a different standard. In February, Judge Vargas granted a preliminary injunction to prevent DOGE staff from accessing payment systems, highlighting a more lenient threshold for establishing “irreparable harm.” This New York case reflects differing judicial approaches depending on regional interpretations of potential privacy harms, as evidenced by the decision details available here.
The establishment of DOGE followed an executive order signed by President Donald Trump, renaming the U.S. Digital Service and charging it with modernizing federal technology to enhance efficiency. Treasury officials admitted to procedural mishaps during DOGE’s integration but assured no improper data sharing occurred, while also committing to monitor data access vigilantly.
While Judge Kollar-Kotelly’s ruling permits continued DOGE access to BFS data, it underscores the Treasury’s accountability to safeguard sensitive information. Should future evidence arise that suggests a higher risk of data breach, the retirees and unions maintain the right to revisit the issue in court. Further details about the decision and its implications can be read on JURIST.