Update on Data Security and Student Information
A lawsuit was filed by the University of California Student Association seeking to restrict access to student data systems by associates of Elon Musk. A Federal District Court judge has, at this time, declined to grant an emergency restraining order that would have blocked this access.
The judge, in his ruling, stated that the plaintiffs had not provided sufficient evidence to demonstrate that students have suffered irreparable harm as a result of the access. He characterized potential harms as "entirely conjectural," and found no proof of illegal dissemination or misuse of student data. The judge did express some concern regarding the breadth and speed of data access being conducted by the Musk team across multiple agencies, noting a "unique lack of transparency," and has said he will consider the question of standing to sue at a later date.
It's important to note that the case remains ongoing, and a ruling that students have standing to sue would allow the discovery process to proceed, potentially yielding more concrete evidence. Lawyers for the students have voiced concerns regarding the use of their data, particularly in light of promises of data safeguards made when applying for federal student aid, while also pushing back on the notion that Elon Musk can freely demand data from any federal agency as part of a larger political agenda.
There has also been a recent development regarding Elon Musk’s role at the White House. On Monday night, the Justice Department refused to answer U.S. District Judge Tanya Chutkan’s question from a hearing on Monday morning about how many people were fired from the federal government this past Friday. Further, a White House official, in a declaration submitted along with the notice, insisted that Elon Musk “has no actual or formal authority to make government decisions himself” — and is neither running nor an employee of DOGE. This, despite the fact that Donald Trump announced days after the 2024 election that Musk “will lead the Department of Government Efficiency ("DOGE").“ The Monday night filings from DOJ came in a multistate challenge led by New Mexico and brought against Musk and DOGE.
Within the seven agencies at issue in the states’ request for a temporary restraining order, DOJ also asserted that it could not say what "personnel actions" the seven agencies at issue might take in the next two weeks. The seven agencies are the Office of Personnel Management and departments of Education, Labor, Health and Human Services, Energy, Transportation, and Commerce.
As to Musk, the White House official stated that Musk is a senior advisor to the president in the "White House Office" and is neither an employee nor the administrator of the U.S. DOGE Service or the U.S. DOGE Service Temporary Organization.
