California Student Group Loses Bid to Block DOGE’s Data Access

Feb. 18, 2025, 2:05 PM UTC

A federal judge in Washington declined to stop the Department of Education from handing over California college students’ personal and financial information to Elon Musk‘s Department of Government Efficiency on Monday.

Judge Randolph Moss denied the University of California Student Association’s emergency motion for a temporary restraining order following a hearing Feb. 14 at the US District Court for the District of Columbia.

The student group sued the department and Acting Secretary of Education Denise Carter on Feb. 7. It alleged in their complaint that turning their information over to DOGE employees violated the Administrative Procedure Act, the Privacy Act, the Department of Education’s Privacy Act regulations, and the Internal Revenue Code.

The remedies provided in the Privacy Act and the Internal Revenue Code confirm the association’s members aren’t “suffering (and will not suffer) an irreparable harm,” Moss said.

The Education Department argued during an oral hearing Feb. 14 that the student group hasn’t shown a likelihood of success on the merits of its claims and lacks standing since they can’t establish causation to their alleged injury. But Moss pointed out at the hearing that any disclosure still remains an “issue” if it violates the law.

The students asked to have the department enjoined from making any further disclosures and ordered the return records already transferred.

The students alleged unidentified DOGE staffers gained access to their information without consent and fed the data into artificial intelligence systems, according to their complaint. With over 42 million people with federal student loans, the group said the Education Department collects nonpublic, personal, and financial information, including their name and Social Security number.

Led by Musk, DOGE has faced similar data access challenges. On Feb. 6 a federal judge temporarily limited access to the US Treasury Department’s payment system following a group of unions’ claims that the agency illegally shared their members’ info with DOGE. On Feb. 14 a federal judge declined to block DOGE access to data from the Department of Labor, the Department of Health and Human Services, and the Consumer Financial Protection Board.

President Donald Trump (R) tasked Musk and DOGE with eliminating waste in government spending and modernizing federal information technology. Lawsuits have been filed challenging the billionaire’s legal authority to act as an arm of the government.

Public Citizen Litigation Group and the National Student Legal Defense Network represent the plaintiff.

The case is Univ. of Calif. Student Ass’n. v. Carter, D.D.C., No. 1:25-cv-00354, 2/17/25.

To contact the reporter on this story: Quinn Wilson in Washington at qwilson@bloombergindustry.com

To contact the editors responsible for this story: Andrew Harris at aharris@bloomberglaw.com; Carmen Castro-Pagán at ccastro-pagan@bloomberglaw.com

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