Luján, Warner, Colleagues Introduce Legislation to Combat DOGE’s Unsafe Retention of Personal Information

Legislation Would Increase Penalties for Improper Maintenance or Release of Personally Identifiable Information (“PII”) by the Government

Washington, D.C. — Today, U.S. Senator Ben Ray Luján (D-N.M.) joined U.S. Senator Mark R. Warner (D-VA) and five Senate colleagues in introducing the Defending Our Government’s Electronic data: Bolstering Responsible Oversight & Safeguards (DOGE BROS) Act, legislation to hold Elon Musk and the Department of Government Efficiency (DOGE) accountable for their continued efforts to improperly access, and retain, individuals’ personally identifiable information (PII) including names, addresses, phone numbers, email addresses, Social Security numbers, and other financial information.

“From day one, Elon Musk’s DOGE has taken a wrecking ball to the federal government and critical services for the American people, all while carelessly pursuing their sensitive personal data,” said Senator Luján. “Congress must do more to protect that information and keep it out of the wrong hands. That’s why I’m proud to join my colleagues in introducing legislation to strengthen our privacy laws and put Americans’ privacy first.”

“As unvetted and unqualified DOGE employees continue to recklessly access the sensitive personal information of millions of Americans, it’s important that we take steps to better protect this data,” said Senator Warner. “For too long, our privacy laws have sat outdated, barely serving as a deterrent for improper handling or potential release of information. This legislation would enforce that privacy must be a priority when handling the data of the American public.”

“Elon Musk and his ‘Department of Government Efficiency’ are wreaking havoc across the government and gaining access to Americans’ sensitive information without proper authorization, which poses significant privacy and national security concerns,” said Senator Kaine. “That’s why I’m introducing this bill to increase the penalties for violating privacy laws and help safeguard Americans’ personal information.”

“Elon Musk and his DOGE cronies have been illegally ransacking federal agencies to gain access to troves of Americans’ sensitive personal data – from Social Security numbers to medical records to bank account information. Strengthening penalties for the theft of this data will help further deter these illegal abuses and keep Americans’ private information safe,” said Senator Van Hollen.

“The American people do not want Elon Musk knowing their Social Security numbers and sifting through their financial information. Musk and his team of wildly unqualified DOGE employees have gone too far – and we are sick of it. The Senate needs to prove we care more about those we serve than Elon Musk. Let’s immediately pass this legislation to protect the data and privacy of the American people,” said Senator Alsobrooks.

“Elon Musk’s so-called ‘Department of Government Efficiency’ and his DOGE agents are wreaking havoc on the federal government and the programs millions of Americans rely on. There’s no reason DOGE should gain access to Vermonters’ personal information, and I’m working with my colleagues to hold DOGE accountable and protect peoples’ privacy and data,” said Senator Welch. 

Joining Senators Luján and Warner in introducing the DOGE BROS Act are U.S. Senators Tim Kaine (D-VA), Chris Van Hollen (D-MD), Angela Alsobrooks (D-MD), Adam Schiff (D-CA), and Peter Welch (D-VT).

The United States has existing laws that are designed to protect personal information held by the government. However, the penalties established in these various laws have not been properly adjusted or increased to account for inflation, making them far less impactful today. The DOGE BROS Act would increase five penalties for violation of federal privacy laws to better protect the sensitive information that DOGE is accessing in their reckless purge of the federal government. Specifically, the DOGE BROS Act would increase the following existing penalties for the unauthorized release of the following information:

1. Individually Identifiable Information Contained Within Any Agency Record  

1. Code Section: 5 U.S.C. §552a(i)(i, ii, iii)
2. Current Penalty: up to $5,000
3. Proposed Penalty: up to $30,000

2. Information from Any Department or Agency of the United States Obtained Using a Computer Without Authorization

1. Code Section: 18 U.S.C. 1030(a)(2)(B)
2. Current Penalty: up to $250,000
3. Proposed Penalty: up to $750,000

3. Social Security and Medicare Data

1. Code Sections: 42 U.S.C. §1306
2. Current Penalty: up to $10,000
3. Proposed Penalty: up to $25,000

4. Tax Return Information

1. Code Section: 26 U.S.C. §7213
2. Current Penalty: up to $5,000
3. Proposed Penalty: up to $25,000

5. Census Data

1. Code Section: 13 U.S.C. §214
2. Current Penalty: up to $5,000
3. Proposed Penalty: up to $25,000

Full bill text is available here.

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