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Social Security Administration Data Access: Allegations of Misuse, Hatch Act Referrals, and Ongoing Investigations

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Justice Department Filing Reveals Unauthorized Communications and Data Practices by Social Security Administration Unit

A Justice Department filing from January 2026 revealed that employees affiliated with the Department of Government Efficiency (DOGE) within the Social Security Administration (SSA) engaged in unauthorized communications with a political advocacy group and utilized unapproved methods for data sharing in 2025. These disclosures include allegations of potential Hatch Act violations and the signing of a "Voter Data Agreement" aimed at analyzing voter rolls. Separately, a government watchdog and Congress are investigating whistleblower allegations that a former DOGE staffer retained copies of sensitive SSA databases containing personal information for millions of Americans.

Background: DOGE and Data Access Litigation

The Department of Government Efficiency (DOGE) was established during the Trump administration with the stated aim of identifying widespread social security fraud. Its activities led to ongoing litigation challenging its access to sensitive SSA data.

In February 2025, unions and an advocacy group initiated a lawsuit to prevent DOGE from accessing this data. A federal judge issued a temporary restraining order (TRO) on March 20, 2025, barring the operation from accessing sensitive information.

This restriction was subsequently lifted by the Supreme Court, allowing DOGE access. Arguments regarding the reinstatement of that injunction were heard by the 4th Circuit in September 2025, with a decision pending. According to filings, DOGE did not ultimately identify widespread fraud within the retirement and disability programs administered by the SSA.

Disclosures: Unauthorized Communications and Data Practices

In a January 16, 2026, court filing, the Justice Department (DOJ), representing the SSA, acknowledged additional instances of improper access and sharing of sensitive personal data by DOGE staffers. This filing corrected prior testimony by agency officials in the lawsuit concerning DOGE's access to Social Security data.

Key Revelations from the DOJ Filing:

  • Advocacy Group Coordination: In March 2025, a political advocacy group contacted two members of SSA's DOGE Team. The group's stated objective was to analyze state voter rolls, identify voter fraud, and challenge election results in specific states.
  • Voter Data Agreement: On March 24, 2025, one DOGE team member, acting in their capacity as an SSA employee, signed a "Voter Data Agreement" with the advocacy group and sent it to them.
  • Internal Awareness and Procedures: The SSA stated it had no prior knowledge of this agreement and discovered it during an unrelated review in November 2025. The agreement was not reviewed or approved through the agency’s data exchange procedures, and SSA employees outside the involved DOGE team members were reportedly unaware of these communications until November 2025.
  • Data Sharing Allegations: Email communications suggest DOGE team members may have been asked to assist by accessing SSA data for comparison with voter rolls. While the SSA has not found evidence that its data was shared with the advocacy group, the agreement bypassed internal safeguards.
  • Unauthorized Servers: DOGE team members reportedly used Cloudflare, an unauthorized third-party server, for data sharing. The SSA has stated it is unable to ascertain what information was transmitted via this server or whether it remains there.
  • Alleged Data Transfer: In one instance, a DOGE staffer reportedly sent an encrypted, password-protected file, believed by the SSA to contain the names and addresses of approximately 1,000 individuals derived from social security systems, to Steve Davis, a senior adviser to the DOGE operation. The contents of this file could not be definitively confirmed.
  • Post-TRO Access: On the morning of March 24, 2025, one DOGE team member reportedly conducted searches of personally identifiable information even after the agency believed it had revoked all such access in compliance with the District Court's temporary restraining order issued on March 20, 2025. Full access was terminated by noon that day.
  • Expanded System Access: The filing also disclosed that DOGE members had been granted access to several systems beyond what the agency had previously reported, including employee records, personnel access information, and shared workspaces that would have allowed team members to exchange data.

These disclosures represent a change from previous statements by Social Security officials, who had consistently asserted there was no evidence that DOGE had compromised personal data. Earlier assertions by the SSA had stated that the agency possessed "IT safeguards to ensure no private or commercial servers have been integrated with SSA systems." The January 2026 filing appears to acknowledge an omission regarding these prior statements.

Hatch Act Referrals Initiated

The SSA referred two potential violations of the Hatch Act to the U.S. Office of Special Counsel in December 2025. The Hatch Act prohibits federal employees from using their official positions for political activities. The referrals concern the conduct of the unnamed DOGE employees involved in communications with the political advocacy group.

Whistleblower Allegations and Ongoing Investigations

An internal government watchdog and members of Congress initiated separate investigations in March 2026 into allegations concerning the potential misuse of sensitive Social Security data by a former DOGE staffer. The SSA's inspector general informed congressional committees about a review of an anonymous complaint regarding this alleged data misuse.

Key Claims from Whistleblower Information:

  • A former DOGE software engineer allegedly claimed to have retained copies of sensitive databases containing personal information for nearly all living Americans.
  • The individual allegedly held at least one database on a personal thumb drive.
  • The individual reportedly claimed to have maintained "God-level" access to SSA systems.
  • The former staffer allegedly expressed intent to share the data with their private-sector employer.
  • The databases allegedly involved were the NUMIDENT, which contains records for almost every American including Social Security numbers, dates of birth, places of birth, and parents' names, and the Death Master File, which includes records for individuals reported as deceased.

An SSA spokesperson disputed these specific whistleblower claims, stating that the allegations by a "singular anonymous source have been strongly refuted by all named parties – SSA, the former employee, and the company." The SSA Office of the Inspector General has declined to comment on the matter.

These recent allegations follow an earlier whistleblower disclosure by Charles Borges, former chief data officer at SSA, who alleged in August 2025 that DOGE staffers improperly copied a dataset of over 300 million Americans' information to a virtual database without following security protocols.

Congressional Democrats, led by Rep. Robert Garcia (D-CA) of the House Oversight committee, are seeking answers from the SSA regarding DOGE's data access and have asked former DOGE staffers affiliated with SSA to provide clarification. Democratic lawmakers have also called for full investigations and accountability for any wrongdoing.