University of California Students Ass’n v. Carter
In order to apply for and participate in federal financial aid programs, students are required to submit sensitive personal information to the Department of Education, and authorize the Department to access their tax records. The Department retains this information for millions of current and former students and their family members. Under the federal Privacy Act, the Internal Revenue Code, and the Department’s own regulations, access to these records is strictly controlled, and these records may be used only for specified purposes.
Despite these laws, and the Department’s consistent, repeated representations to students that it will keep their private information private, the Department has given Elon Musk’s “DOGE” full access to its data and computer systems that house the data. The Department did so without making any public announcement, providing any legal justification or explanation for his decision, or undertaking the process required by law for altering the agency’s disclosure policies. The scale of the intrusion into individuals’ privacy is massive, unprecedented, and dangerous.
Representing the University of California Student Association, and working as co-counsel with Student Defense, we filed suit to challenge the access given to the databases and systems. As the complaint explains, people who must share information with the federal government should not be forced to share information with DOGE, and federal law says they do not have to. The Privacy Act of 1974 generally, and the Internal Revenue Code with respect to taxpayer information, make it unlawful for the Department to hand over access to its records on individuals to Musk or other members of DOGE. The complaint seeks to stop Defendants’ systematic, continuous, and ongoing violation of federal laws that protect the privacy of personal information contained in federal records.
On February 10, 2025, we filed a motion for a temporary restraining order. The parties then negotiated an agreed order, while briefing proceeded. On February 18, the judge denied the motion on the ground that the evidence did not establish irreparable harm to students. In March 2025, we asked the Court to allow us to obtain discovery about DOGE-affiliates access to and use of students’ data, for use in connection with a motion for a preliminary injunction. That motion is pending.