Time for Citizens to Hit Elon with a Privacy Act Violation

There is a recourse for US citizens thanks to an old law created because of the Watergate Scandal.

Email Template

To: privacy@treasury.gov

Subject Line: Civil Liberties Complaint

Hello,

I am making a civil liberties complaint under the Privacy Act of 1974, 5 U.S.C. § 552a. It has been brought to my attention that Elon Musk and his associates, under the guise of a directive of the Department of Government Efficiency (DOGE) (an IT office in the White House), have acquired access to Treasury Department Records in Systems of Records as defined in the Act. As an individual covered by the Act, I believe that there may be records about me in these Treasury Department systems, and I am concerned for the following reasons:

1. Elon Musk is not an elected official.

2. Even if Musk were an elected official, the System of Records Notices (SORNs) governing the Treasury Department Privacy Act systems do not allow for disclosure to Musk and his associates per the Routine Uses.

3. Disclosure of personally identifiable information (PII) and sensitive personally identifiable information (SPII) to Musk and his associates would be an unauthorized disclosure and therefore breach of information.

The Treasury Department must (1) quickly investigate what Privacy Act records that Musk and his associates have unlawfully accessed, (2) reveal to the public what unauthorized disclosures were made, (3) stop further access, (4) force any files acquired by Musk and his associates to be returned and/or permanently destroyed, and (5) seek criminal penalties against Musk and his associates for violations of the Act.

Sincerely,

[INSERT NAME AND CONTACT INFORMATION]

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 lawsuit against 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.

Email the Treasury Department today with the template up above. We deserve to have our privacy protected, and some loser who isn’t even from this country shouldn’t be allowed to stomp all over our rights.