Senate Democrats Say DOGE Has 'No Right to Hoover up Taxpayer Data' at IRS

As Americans prepare to file their taxes ahead of the April 15 deadline, two Democratic senators warned Monday that billionaire tech mogul Elon Musk's arrival at the Internal Revenue Service raises serious privacy concerns and could significantly impact the tens of millions of people who count on their tax refunds each year to pay bills, pad their emergency savings, and afford other essentials.

The Department of Government Efficiency (DOGE), the advisory body created by President Donald Trump and headed by Musk, has set its sights on the IRS as it works to gut agencies across the federal government—with the data of millions of ordinary taxpayers now among the troves of personal information DOGE is trying to seize.

As The Washington Post reported, the IRS is considering a memorandum of understanding (MOU) to give DOGE employees access to agency systems and datasets including the Integrated Data Retrieval System (IDRS).

The system allows a limited number of IRS employees to access IRS accounts of every individual taxpayer, business, and nonprofit in the country, including people's personal identification numbers and bank information, and enables them to change transaction data.

DOGE's "meddling with IRS systems in the middle of tax filing season could, inadvertently or otherwise, cause breakdowns that may delay the issuance of tax refunds indefinitely," said Sens. Elizabeth Warren (D-Mass.) and Ron Wyden (D-Ore.).

The MOU states that Gavin Kliger, a software engineer working with DOGE, should have access to the IDRS, enabling DOGE to "eliminate waste, fraud, and abuse, and improve government performance to better serve the people."

According to the memo reviewed by the Post, Kliger—who sources said had not officially been granted the access mentioned in the MOU as of Sunday night—will be tasked with consulting on modernizing the IRS' systems.

Even though outside contractors are used for technical upgrades or fixes to a system widely recognized as "antiquated," the Post noted that it is "highly unusual" for a political appointee of partisan body like DOGE to obtain access to the IDRS.

"The information that the IRS has is incredibly personal," Nina Olson, who served as the agency's national taxpayer advocate for nearly two decades, told the newspaper. "Someone with access to it could use it and make it public in a way, or do something with it, or share it with someone else who shares it with someone else, and your rights get violated."

In their letter to acting IRS Commissioner Douglas O'Donnell, Warren and Wyden (D-Ore.) noted that the tax code has long prohibited "executive branch influence over taxpayer audits and other investigations."

"These prohibitions have long prevented political appointees in previous administrations from accessing the private tax records of hundreds of millions of Americans, and allowing DOGE officials sweeping access these systems may be in violation of these statutes," said Warren and Wyden, who serve as ranking members of the Senate Banking, Housing, and Urban Affairs and Senate Finance Committees, respectively. "Violations of these taxpayer privacy laws, including unauthorized access to or disclosure of tax returns and return information, can result in criminal penalties, including incarceration."

Without naming Trump, the lawmakers referenced Charles Littlejohn, the IRS contractor who was sentenced last year to five years in federal prison for leaking the president's tax returns to The New York Times after Trump refused to publicly disclose them.

"Until we fought to the Supreme Court and won, the president shielded his tax returns from the people," said the Democrats on the House Ways and Means Committee in a social media post. "Now, he's given yours to the richest man in the world."

Warren and Wyden wrote that "software engineers working for Musk seeking to gain access to tax return information have no right to hoover up taxpayer data and send that data back to any other part of the federal government and may be breaking the law if they are doing so."

In addition to seeking access to the personal financial data of millions of Americans, DOGE is reportedly preparing to oversee the firing of 10,000 probationary employees at the IRS.

"Any delay in refunds could be financially devastating to millions of Americans who plan their budgets around timely refunds every spring," said Warren and Wyden. "We demand that the IRS immediately clarify the extent to which DOGE team members may have inspected or be seeking to inspect the private tax return information of millions of Americans and whether taxpayer privacy laws are being enforced to prevent unauthorized disclosure and intrusions."