Resisting the Menace of Federal Data Consolidation

Federal authorities have been unconstitutionally merging personal information, putting citizens' private data at risk. This encroachment has occurred in three stages: first with DOGE, then through agency-to-agency data sharing with ICE, and finally, through attempts to purge state voter rolls. The amalgamation of data leads to errors, abuses, and a lack of trust in institutions designed to safeguard us.

It can even discourage engagement in society, particularly for marginalized groups like immigrants and protesters. Congress has previously addressed similar abuses, including the creation of enemy lists and surveillance of activists and federal employees during the McCarthy and Watergate eras. The rise of computer technology has amplified these harms, prompting Congress to enact protective measures such as the federal Privacy Act of 1974.

Thankfully, several individuals and organizations have stood up against these unlawful data consolidations. Entities like the Electronic Frontier Foundation (EFF) have filed lawsuits to uphold our data privacy laws, and numerous states have joined in the fight. Federal and state legislators have also worked to expose and oppose these surveillance programs, while many people have protested for their right to data privacy.

While existing data privacy safeguards have been crucial, they can be further strengthened through narrowing loopholes, limiting the government's acquisition of data from the commercial market, and passing a comprehensive consumer privacy law.

DOGE, established by President Trump in January 2025, was essentially a rebranded agency meant to modernize government technology. Instead, it quickly gained access to highly sensitive data across various government agencies, including the Office of Personnel Management (OPM), the Social Security Administration, and the Treasury Department.

DOGE's staff, lacking proper government or cybersecurity knowledge and often with conflicting interests, aimed to gain "prompt access to all unclassified agency records" and "share and consolidate" them. The consequences were disastrous, resulting in the wrongful dismissal of government employees and the destruction of vital agencies focused on consumer protection and foreign aid.

DOGE's actions also involved clear violations of the federal Privacy Act, which restricts the sharing and consolidation of government databases.

Moreover, the Department of Homeland Security (DHS) attempted to merge large databases to target immigrants. This included accessing tax records at the IRS, Medicaid data from the Department of Health and Human Services (HHS), and public housing data from the Department of Housing and Urban Development. Some organizations have filed lawsuits to halt this immigration-driven data consolidation, arguing that it violates privacy protection laws.

EFF has provided support for these cases, including in Centro de Trabajadores v. Bessent, concerning IRS data, and California v. HHS, concerning Medicaid data. The recent federal government's attempt to purge voters through consolidating data in three ways—by using SAVE for new purposes, seizing voter information from states, and creating a federal list of eligible voters—has placed the right to vote under threat. This disparate impact disproportionately affects people of color.