Privacy Act of 1974
The spirit of this law is rooted in presidential drama and corruption. It was passed as a direct result of the Watergate Scandal which uncovered the federal government’s scheme of illegally investigating and maintaining records about individuals. So in an effort to provide transparency to the public and an assurance that the government would not misuse records about us all, the Privacy Act of 1974 was born.
Multiple unions have now filed a lawsuitagainst the Department of the Treasury and the Bureau of the Fiscal Service under the Privacy Act as well as other privacy laws. They are seeking a civil remedy in the form of a restraining order to prevent DOGE from accessing records. But the Act also allows for criminal penalties to be assessed. The two that could apply to Musk and his associates include:
1 “Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.” 5 U.S.C. § 552a(i)(3).”
2 “Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000.” 5 U.S.C. § 552a(i)(2).”
The first applies to Musk accessing Privacy Act records from the Treasury Department under false pretenses of carrying out official government duties.
The second could apply if Musk creates a system of records in the DOGE office without complying with the law. For example, if he began using his IT office role to create records about individuals in the government or who receive government assistance, that would be a violation. It is very likely we will need to demand an investigation into DOGE and what they have on US citizens, too.
Musk is not an elected official nor is DOGE a real department. This is all ILLEGAL!!