Cybersecurity Policy Report, DOGE’s Activities Prompt Senate Effort to Update 1974 Privacy Law, (Apr 1, 2025)

By Tom Leithauser

A 51-year-old federal privacy law has become inadequate to protect Americans’ data from modern threats, including the recent incursions into federal networks by the White House Department of Government Efficiency (DOGE), according to four Senate Democrats.

Sens. Ron Wyden (D., Ore.), Ed Markey (D., Mass.), Jeff Merkley (D., Ore.), and Chris Van Hollen (D., Md.) have introduced the Privacy Act Modernization Act (S.B. __, 119th Cong. (2025)) to update the Privacy Act of 1974 and address the activities of DOGE and its apparent leader, Elon Musk.

“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,” the senators said in a news release.

Their legislation would update the 1974 law—which was passed in the wake of Watergate and disclosures about the Federal Bureau of Investigation’s surveillance of Americans—by increasing civil and criminal penalties for violations and strengthening court authority to end privacy violations while lawsuits are pending, they said.

The bill would make it a felony to disclose records for personal gain, malicious harm, or commercial advantage and would impose fines of up to $250,000 for violations, along with the potential for a 10-year prison sentence.

“The Privacy Act of 1974 has helped Americans understand what records are collected about them and required safeguards to prevent misuse of their information,” according to a summary of the bill.

“The Act was passed to remedy a loss of faith in government following the Watergate and COINTELPRO scandals. However, lawmakers in 1974 could not have anticipated the wanton abuse of the government’s information systems overseen in recent weeks by DOGE and their agents,” the summary says.

“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,” Sen. Wyden said.

“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,” he added.

“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,” Sen. Markey said. “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.”

The bill has been endorsed by the Electronic Privacy Information Center and Public Citizen.

Efforts to update the 1974 law are also underway in the House, where Rep. Lori Trahan (D., Mass.) is soliciting stakeholder input on ways to align the law with modern privacy threats (CPR, March 18).

News: FederalLegislation DataPrivacy