Washington (March 31, 2025) – Senators Edward J. Markey (D-Mass.) and Ron Wyden, (D-Ore.), today introduced legislation to protect Americans against Elon Musk, DOGE and other officials illegally accessing stores of personal data held by the government, including social security numbers, medical history, financial data and other sensitive information. The Privacy Act Modernization Act would make it easier for Americans to sue officials for violations and would increase the penalties for such violations.
The bill is co-sponsored by Senators Jeff Merkley (D-Ore.), and Chris Van Hollen, (D-Md.).
Since Trump took office, DOGE officials have reportedly accessed highly sensitive government databases at agencies, including Social Security, Medicare and Medicaid and the Internal Revenue Service, under flimsy justifications and with little oversight.
“Over 50 years ago, Congress passed the Privacy Act to protect the public against the exploitation and misuse of their personal information held by the government,” said Senator Markey. “Today, with Elon Musk and the DOGE team recklessly seeking to access Americans’ sensitive data, it’s time to bring this law into the digital age. I’m proud to partner with Senator Wyden on the Privacy Act Modernization Act to close loopholes and increase penalties in the law. The federal government should be a steward of our privacy–not a source of surveillance.”
“The seizure of millions of Americans’ sensitive information by Trump, Musk and other MAGA goons is plainly illegal, but current remedies are too slow and need more teeth,” said Senator Wyden. “The Privacy Act was part of our country’s response to the FBI abusing its access to revealing sensitive records on the American people. Our bill defends against new threats to Americans’ privacy and the integrity of federal systems, and ensures individuals can go after the government when officials break the law, including quickly stopping their illegal actions with a court order.”
“Elon Musk and his minions have no business riffling through your personal data,” said Senator Merkley. “Our bill protects millions of Americans who count on the federal government to safeguard sensitive personal information included on taxes, student loans, and disaster assistance.”
“Elon Musk and his DOGE cronies are illegally raiding federal agencies, and in the process gaining access to troves of Americans’ sensitive personal data – from Social Security numbers to medical records to bank account information,” said Senator Van Hollen. “This legislation will strengthen our ability to safeguard that private information by expanding the means of holding violators accountable, including by stiffening penalties for those who unlawfully access it. By sharpening these tools and penalties, we can better deter this abuse.”
The Electronic Information Privacy Center and Public Citizen both endorsed the legislation.
The Privacy Act of 1974 required agencies to disclose what personal data they collect and why, limited how officials could use or share that data, and created remedies for when the government held incorrect data about a person or otherwise broke the rules. This legislation was passed in light of the Watergate and Counterintelligence Program (COINTELPRO) scandals, which involved illegal government surveillance that undermined public trust and American democracy. The Privacy Act Modernization Act would make key updates to further protect government databases storing personal information against Trump and Musk’s ongoing abuses of Americans’ privacy and our democracy.
Given the Privacy Act was created half a century ago, this bill would update the law’s coverage, close loopholes and strengthen protections to support millions of Americans who have been harmed by Trump and Musk’s recent invasion by:
The full text of the bill is available here. The one-page summary is here.
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