If you care about privacy, thank a union!
Because yesterday, some major labor unions filed suit to stop yet another heist of the private data of millions of Americans—this time workers whose confidential data rests within the Department of Labor.
And they did it before the breach—trying to stop it before the damage is done.
Again, the facts and law laid out in the Complaint by the AFL-CIO, AFSCME, SEIU, CWA and others partners help tell the most up-to-date story about what Musk and DOGE are up to….and why. And how data breaches of worker data throw countless workers to the wolves (including businesses and employers who they have filed complaints against).
Some of the toplines that most Americans may not appreciate:
The Department of Labor houses private data of millions of American workers
The Department of Labor’s Bureau of Labor Statistics is one of the core sources of independent economic data in the nation—its independence from political interference is key (and has been a past subject of criticism from Trump)
Much of the data within the Department of Labor stems from complaints filed by workers against companies and employers for violations of various laws — wage theft (overtime, minimum wage and other violations), safety, Black Lung Disease, and other claims. Needless to say, the confidentiality surrounding such claims is central to these processes to avoid retaliation against workers. Disclosure of information about these complaints both risks retaliation against millions of workers amid active cases, and will intimidate workers from making such claims against employers in the future.
Musk himself and his companies have faced repeated investigations and fines for various safety and other violations; as have his competitors; access to Department of Labor information would give him access to data involving his own interests.
Here are some excerpts that will fill you in on key details all American should know:
The Law:
The Privacy Act makes clear: “No agency shall disclose any
record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.”
Under the Federal Information Security Modernization Act of 2014, senior agency officials must “provide information security for the information and information systems that support the operations and assets under their control,” including understanding the risks of “unauthorized access, use, disclosure, disruption, modification, or destruction” of sensitive agency records.”
DOGE’s Actions Thus Far
“DOGE personnel have sought and obtained unprecedented access to information systems across numerous federal agencies, including the United States Agency for International Development, the Department of Treasury, the National Oceanic and Atmospheric Administration, the Office of Personnel Management, and the Department of Education.”
“DOGE’s behavior repeats itself across virtually every agency it enters: swooping in with new DOGE staff, demanding access to sensitive systems, taking employment action against employees who resist their unlawful commands, and then beginning to re-work the agencies at their will. This process moves incredibly quickly, with agencies transformed roughly overnight; or fully dismantled within a week.”
“The identities of the DOGE personnel who have access to Treasury and OPM systems and to whom sensitive information has been disclosed are not yet clear, and to the extent there is available information on those individuals, it is only available from public reporting.”
“DOGE personnel also played critical rules in the dismantling of the U.S. Agency for International Development and ongoing concurrent efforts to largely cripple the Department of Education.”
“On January 31, the DOGE team gained access to and control of several USAID systems at USAID.
On February 1st, two security officials at USAID were placed on administrative leave after they refused to give members of the DOGE team access to additional systems at the agency, including systems containing classified information.
As of February 2nd, “[m]ore than 1,000 USAID employees and contractors, including more than 300 people in the Bureau of Global Health and 600 in the Bureau of Humanitarian Assistance, have already been fired or furloughed” from USAID.
On February 2nd, Elon Musk tweeted: “USAID is a criminal organization. Time for it to die.”
On February 3rd, staffers at USAID were physically locked out of their headquarters in Washington, D.C. Yellow police tape and federal law enforcement officers blocked the agency’s lobby.”
“The same pattern appears to be beginning at the Department of Education. Beginning the week of January 27th, DOGE officials began an effort to unilaterally dismantle the Department of Education.
According to reporting, about 20 DOGE officials are working inside the department in order to cut spending and agency staff.
Some officials with DOGE “have gained access to multiple sensitive internal systems...including a financial aid dataset that contains the personal information for millions of students enrolled in the federal student aid program….the dataset that DOGE-affiliated personnel infiltrated includes personal information, such as financial tax information, and other sensitive and legally protected data, for every person who has applied for or received federal student aid and some of their families’ financial information.”
Department of Labor:
Sources told one journalist that “DOGE is going after the Department of Labor next. DOL workers have been ordered to give DOGE access to anything they want-or risk termination.”
A Department of Labor employee “was told by Department leadership that when Mr. Musk and his team visit the Department, they are to do whatever they ask, not to push back, not to ask questions. They were told to provide access to any DOL system they requested access to and not to worry about any security protocols; just do it. Based on leadership’s statements, the employee believed they could face termination if they did not comply.”
“DOGE staff will enter the Department of Labor and attempt to gain access to sensitive systems to which they do not have access, using threats of employment action to coerce cooperation from the employees tasked with safeguarding the data of millions of Americans and many federal employees….DOGE staff may also attempt to begin an unlawful wholesale dismantling or restructuring of the agency to suit the private business interests or political preferences of DOGE leaders or President Trump.”
Musk Access to Valuable Information for His Businesses:
“Mr. Musk’s companies have been subject to multiple investigations and fines by Labor components.”:
OSHA Investigations:
The Occupational Safety and Health Administration (“OSHA”) within the Department is responsible for enforcing safety standards at American companies. OSHA has investigated Mr. Musk’s space technology company, SpaceX, over multiple safety incidents, and has fined SpaceX in connection with one worker’s death and seven other serious safety incidents.”
“OSHA has also investigated and issued fines to Tesla for unsafe working conditions in its factories.
OSHA also has open investigations into the Boring Company, and has issued it multiple fines for serious citations, according to OSHA’s website.”
Other: “the Department of Labor also currently has open investigations into one or more competitors of Mr. Musk’s companies.”
Mr. Musk would ordinarily be unable to access non-public information regarding those investigations. See 18 U.S.C. § 1832(a) (Trade Secrets Act); 5 U.S.C. § 552(b)(4) (FOIA exemption for trade secrets)…. In light of the blanket instruction to provide DOGE employees with “anything they want,” Mr. Musk or his associates will be able to access that information simply by asking DOL employees for it.”
Access to Classified and Sensitive Information
“Many sensitive data sources and processes are housed within the Department, including some classified information. The Department lists over 50 different systems containing personally identifiable information across its functions.” Systems includes data required for numerous functions, including:
Federal Employees Compensation Act payments and processes
Wage and House complaints and processes — “This confidentiality is crucial to protect workers who report wage theft by their employers from retaliation. Workers who report minimum wage violations, for example, are by definition the lowest-wage workers, and are particularly vulnerable to retaliation by employers should those employers become aware that the workers have sought to protect their rights.”
Occupational Safety and Health Administration data — “Confidentiality is necessary to encourage vulnerable workers to come forward with information about their worksite and employer and to protect against retaliation. In the context of this case, disclosure of OSHA records to the leader of multiple companies with ongoing OSHA investigations presents clear risks both to workers and to the integrity of OSHA’s enforcement efforts.”
Bureau of Labor Statistics — a critical and independent source of data and statistics on the American economy: “Political leaders may wish for a BLS that is less independent; one that, for example, is more willing to give the White House longer notice of economic data so that the President can prepare his messaging; or one that alters data to support the President’s political needs.”
Trump “has attacked the Bureau’s credibility, accusing them of “fraudulently manipulating job statistics,” and calling their data “phoney.””
“A DOGE takeover of the type seen at other agencies could overturn over a century of the BLS’s independence and turn it from a reliable source of data across the economy into a far less valuable political mouthpiece.”
The Harm
The Plaintiffs not only point out the harm done to millions of current American workers whose confidential data are already in the various system, but also the harm done going forward if these systems are breached:
“The individuals who made complaints, their personal information and the details of the complaints that make them identifiable, will likely be irreparably harmed including facing employment retaliation for making such claims.”
“Others will be chilled from making such complaints in the future. Id. Indeed, “DOGE’s access to other government systems has been broadly publicized” and therefore if they gain unlawful access to Department of Labor systems “even for a short period of time” it will cause “devasting” irreparable harm to…”
I will keep you posted on this important suit.
Day 66 — February 5, 2025
Two days ago, Trump publicly shocked the world (and clearly his own administration) by publicly stating his intention to send US troops to Gaza to, as he said, create a “long-term ownership position."
When he made this bizarre announcement, he also told us: “Everybody I’ve spoken to loves the idea of the United States owning that piece of land.”
But within 24 hours, it was clear that this global announcement had not been vetted at all. As the New York Times reported:
“Inside the U.S. government, there had been no meetings with the State Department or Pentagon, as would normally occur for any serious foreign policy proposal, let alone one of such magnitude. There had been no working groups. The Defense Department had produced no estimates of the troop numbers required, or cost estimates, or even an outline of how it might work.
There was little beyond an idea inside the president’s head.”
“…Several senior officials, who spoke on the condition of anonymity to describe sensitive discussions, told The New York Times that they were still trying to figure out the genesis of the idea, and considered it fantastical even for Mr. Trump….
Several advisers to Mr. Trump said they expected the Gaza ownership idea to die away quietly as it became clear to Mr. Trump that it was unfeasible. And that already seemed to be happening by Wednesday afternoon.”
And just as I was finishing writing this up, Trump’s message this morning was this insanity (I had to confirm it wasn’t a hoax):
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