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The Government Admitted It Lost Track of Social Security Data

federal accountability federal employment privacy act social security data whistleblower protections Jan 22, 2026

Most Americans trust that their Social Security information is protected by some of the strictest safeguards in the federal government. Recent court filings, however, reveal a troubling reality: the government has admitted it cannot fully account for what happened to certain Social Security data. That admission alone raises serious legal and ethical concerns—especially for federal employees who know how rigid these rules normally are.

What the Government Admitted in Court

In filings submitted by the U.S. Department of Justice, government attorneys conceded that they cannot say with certainty who accessed certain Social Security Administration (SSA) data, how it was shared, or whether copies of that data still exist. This was not a speculative concern raised by outside critics. It was a formal admission made in federal court.

Equally important is how this information came to light. The disclosures were not volunteered by agency leadership. They emerged because a career federal employee, whistleblower Charles Borges, raised alarms through appropriate channels. That distinction matters. Oversight mechanisms are designed to depend on internal reporting when safeguards fail.

Why Social Security Data Is Different

Social Security data sits in a special category of protected information. Federal employees are trained repeatedly that mishandling it—whether by moving it to unapproved systems, sharing it outside authorized channels, or retaining access after authorization ends—can result in immediate discipline, removal, or even criminal exposure.

That training is not theoretical. Career employees see colleagues disciplined for far less. Which is why the government’s admissions here are so jarring: the very standards enforced strictly against rank-and-file employees appear to have broken down when access involved powerful outside actors.

The DOGE Connection and Political Risk

According to DOJ filings, individuals connected to Elon Musk’s DOGE effort had access to SSA data that was far broader than the public had previously been told. At the same time, those individuals were reportedly communicating with outside political operatives tied to efforts to overturn election results.

That overlap raises a fundamental legal question: was the data being accessed solely for lawful public administration, or did it drift into impermissible political use? If the latter, the implications extend beyond data security into potential violations of the Privacy Act, federal information security rules, and restrictions on using government resources for partisan purposes.

Unanswered Questions About Accountability

The court filings describe several specific failures: data shared through unapproved third-party servers, at least one individual retaining access after a court ordered that access terminated, and an inability to trace where the data went. If a career employee had done this, accountability would likely have been swift.

For the public, the takeaway is simple but unsettling. If the government cannot track access to this data, it cannot credibly assure Americans that their Social Security numbers remain secure. For federal employees, the episode highlights a deeper concern about uneven enforcement of rules that are otherwise treated as non-negotiable.

A Moment for Transparency, Not Silence

This situation is not about political theater. It is about whether safeguards work as intended and whether accountability applies consistently. Whistleblowers exist precisely for moments like this, when internal controls fail.

Readers seeking deeper guidance on federal employee rights, whistleblower protections, and accountability frameworks can find additional analysis in Southworth PC’s Power Hub and newsletter, where these issues are examined with greater detail and care.

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

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