Democratic Senators Push for Privacy Act Overhaul Amid DOGE Controversy

In response to the controversial actions of Elon Musk's Department of Government Efficiency (DOGE), Democratic senators are advocating for significant updates to the Privacy Act of 1974. The proposed Privacy Act Modernization Act of 2025 aims to address modern privacy concerns by restricting government use of personal data and introducing stricter penalties for violations. This legislative push is a reaction to DOGE's alleged illegal collection of sensitive personal data from numerous government systems, coinciding with the dismissal of officials responsible for data protection.

The original Privacy Act was enacted during a time of heightened public concern over government surveillance, following scandals like Watergate and COINTELPRO. It sought to curb the government's ability to misuse personal data. However, the act's provisions have been criticized for their inadequacies in the face of modern technological advancements.

The new bill, introduced by Senators Ron Wyden, Ed Markey, Jeff Merkley, and Chris Van Hollen, seeks to redefine key terms and address longstanding criticisms of the Privacy Act's exemptions. One such exemption, known as "routine use," has been a point of contention for allowing government agencies to disclose private records under broad interpretations. The proposed legislation aims to tighten this exemption by requiring that any "routine use" of data be both "appropriate" and "reasonably necessary."

Additionally, the bill would expand the right to sue for privacy violations, allowing individuals to take legal action against states and municipalities. It also broadens the scope of who is covered under the Privacy Act, extending protections to anyone physically present in the United States, not just citizens and legal residents.

Another significant change involves the regulation of "computer matching," a process where private records are cross-referenced across agencies. The bill proposes extending existing protections to different record systems within a single agency, ensuring that matching restrictions apply even when records are held by the same entity.

The proposed legislation introduces harsher penalties for unauthorized disclosure of private records, with fines up to $250,000 and potential imprisonment for those who leak information for personal gain or malicious intent.

Endorsed by civil liberties organizations like the Electronic Privacy Information Center (EPIC) and Public Citizen, the bill represents a concerted effort to modernize privacy protections in the digital age. As Senator Markey emphasizes, the time has come to update the Privacy Act to safeguard Americans' sensitive data from exploitation by entities like DOGE.