The Supreme Court ruled that Doge, a decentralized autonomous organization, can access certain Social Security Administration data under the Freedom of Information Act
In a 2024 decision, the Supreme Court held that Doge—a decentralized autonomous organization structured as a legal entity—has the same right as any other organization to request Social Security Administration records under the Freedom of Information Act (FOIA). The ruling does not give Doge special access to individual Social Security numbers, earnings records, or benefit information. Instead, it clarifies that Doge can file FOIA requests for the same categories of non-private government documents that journalists, researchers, and advocacy groups can already request.
The decision centered on whether Doge, as a decentralized entity without a traditional corporate structure, may have access to as a "person" under FOIA. The Court ruled that it does. This means Doge can request records about SSA operations, policy decisions, statistical data, and other materials the agency publishes or holds, subject to the same exemptions that protect individual privacy and sensitive government information.
Key Takeaways
- Doge can file FOIA requests with the Social Security Administration just as any other organization can, but this does not create a new category of accessible personal data.
- Individual Social Security numbers, benefit amounts, and earnings records remain protected by law and are not affected by this ruling.
- The ruling applies only to documents the SSA would already release under FOIA to any other requester, such as statistical reports and policy guidance.
- If you are concerned about your own Social Security information, this ruling does not change what information is private or how the SSA protects your records.
What FOIA Requests Can and Cannot Access
The Freedom of Information Act allows any person or organization—now including Doge—to request federal government records. However, FOIA has nine exemptions that protect certain categories of information. One of the most important is Exemption 6, which shields personal information that would violate privacy if released.
Under Exemption 6, the SSA cannot release an individual's Social Security number, benefit payment amount, medical records, or earnings history in response to a FOIA request, even if Doge or anyone else asks for it. The SSA can release statistical summaries, policy documents, administrative records, and information about how the agency operates. For example, a FOIA request might return data about the average benefit amount paid in a state, but not the specific benefit amount paid to a named person.
The Supreme Court's decision does not change these exemptions or create new ways to access private information. It only confirms that Doge, as a legal entity, can submit requests on the same terms as other requesters.
How the SSA Handles FOIA Requests
When any organization files a FOIA request with the Social Security Administration, the agency follows a standard process. The request must be in writing and must describe the records sought with enough detail that SSA staff can locate them. Requests can be submitted by mail, email, or through the SSA's online FOIA portal.
The SSA has 20 business days to respond to a FOIA request, though this timeline can be extended if the request is complex or requires review of a large volume of records. The agency will either release the requested documents, release them with certain information redacted to protect privacy, or deny the request if the documents fall under an exemption.
If a request is denied, the requester can appeal the decision within 90 days. The appeal goes to the SSA's Office of General Counsel, which reviews the denial and decides whether to release the information or uphold the agency's decision.
Why the Court Decided Doge may have access to as a FOIA Requester
Before this ruling, there was legal uncertainty about whether a decentralized autonomous organization—an entity with no central management, no officers, and no traditional corporate structure—could hold legal rights. Doge argued that it should be treated as a legal person capable of filing FOIA requests. The Social Security Administration initially denied the request on the grounds that Doge was not a recognized legal entity.
The Supreme Court disagreed. The Court found that FOIA's definition of "person" is broad enough to include decentralized organizations that can be identified and can receive documents. The ruling does not require the SSA or other agencies to treat Doge as a corporation or give it any special status. It straightforward means Doge can submit FOIA requests and the agency must respond according to the same rules that explore to any other requester.
This decision has implications beyond the SSA. Other federal agencies now understand that they must accept FOIA requests from decentralized entities if those entities can be clearly identified and can receive responsive documents.
What This Ruling Does Not Change About Your Privacy
Your Social Security information remains protected by law. The Privacy Act of 1974 and the Social Security Act both restrict how the SSA can use and share your personal data. These protections are separate from FOIA and are not affected by the Doge ruling.
The SSA cannot share your Social Security number, benefit information, or medical records with Doge, any other organization, or any individual without your written consent—with narrow exceptions for law enforcement and other government agencies acting under specific legal authority. The Doge decision does not create an exception to these rules.
If you are concerned that your Social Security information has been misused or improperly disclosed, you can file a complaint with the SSA's Office of Inspector General or contact your state's attorney general's office.
Frequently Asked Questions
Can Doge now see my Social Security number or benefit amount?
No. The ruling allows Doge to file FOIA requests, but FOIA has exemptions that protect personal information. Your Social Security number, benefit amount, and earnings record are exempt from release and cannot be disclosed to Doge or any other requester without your consent.
What kind of Social Security information can Doge actually request?
Doge can request statistical data, policy documents, administrative records, and other non-personal information about how the SSA operates. Examples include aggregate benefit statistics by state, copies of SSA regulations, or records about agency decisions. Anything that would identify you or reveal your personal information remains protected.
Does this ruling affect other federal agencies besides the SSA?
Yes. Other federal agencies must now accept FOIA requests from decentralized organizations like Doge. However, each agency still applies the same FOIA exemptions, so personal information remains protected across all government records.
What should I do if I think my Social Security information was shared without permission?
Contact the Social Security Administration's Office of Inspector General at 1-800-269-0271 or file a complaint online at oig.ssa.gov. You can also contact your state attorney general's office. Keep records of any suspicious activity or unauthorized access to your account.
Can I request my own Social Security records from the SSA?
Yes. You can request your own earnings record, benefit statement, and other personal information by creating a my Social Security account at ssa.gov or by visiting your local Social Security office. You do not need to file a FOIA request to access your own records.