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Cake day: July 11th, 2023
  • DominusOfMegadeus@sh.itjust.workstoPrivacy@lemmy.ml•Executive Order: Stopping Waste, Fraud, and Abuse by Eliminating Information Silos
    127·
    14 days ago

    So this immediately raised just a couple of red flags as I read it. I know everyone hates LLMs, but this would have taken me forever to research and put together, so I fed ChatGPT 4o my concerns and questions, and asked for context, explanations of referenced materials, and analysis. Then I went back and forth a bit more to make sure everything was in a logical order and nothing was left out. I found this extremely helpful.

    Comprehensive Legal and Policy Analysis

    Executive Order: Stopping Waste, Fraud, and Abuse by Eliminating Information Silos

    Date Signed: March 20, 2025

    I. Introduction

    On March 20, 2025, President Donald J. Trump signed an executive order entitled “Stopping Waste, Fraud, and Abuse by Eliminating Information Silos.” The order’s stated purpose is to eliminate barriers to federal inter-agency data sharing to reduce waste, fraud, and inefficiency. However, the scope and language raise significant legal and constitutional concerns.

    II. Plain-Language Summary of the Executive Order

    Section 1 (Purpose):

    • Seeks to eliminate bureaucratic barriers and promote inter-agency data sharing to detect waste, fraud, and abuse.

    Section 2 (Definitions):

    • Agency: Federal agencies, excluding the Executive Office of the President.
    • Agency Head: The top official in an agency (Secretary, Director, or equivalent).

    Section 3 (Eliminating Information Silos):

    • 3(a): Orders agency heads to provide designated federal officials full and immediate access to all unclassified agency records and systems.
    • 3(b): Requires agencies to remove policies blocking data sharing and report changes to OMB within 30 days.
    • 3©: Mandates “unfettered access” to data from all state programs receiving federal funding, including data stored by third parties.
    • 3(d): Grants the Department of Labor and its designees complete access to unemployment and related payment data.
    • 3(e): Supersedes any prior executive orders or regulations that restrict unclassified data sharing.
    • 3(f): Requires agencies to review classified information policies and report to OMB within 45 days.

    Section 4 (General Provisions):

    • Does not override agency heads’ statutory authority or OMB functions.
    • Subject to applicable laws and funding availability.
    • States that this order does not create enforceable rights or benefits.

    III. Key Issues Raised

    1. Federal Funding and Authority:

      • Federal funding alone does not give the federal government blanket authority to demand unrestricted data access. Conditions must be:
        • Explicitly stated.
        • Related to the funding’s purpose.
        • Not coercive.
        • Consistent with constitutional protections.

    2. Potential Conflicts with Privacy Laws:

      • The order’s language appears to override protections under:
        • HIPAA and PHI privacy regulations.
        • The Privacy Act of 1974.
        • FERPA (for student data).
      • Mandating ‘unfettered access’ without specific exceptions is likely illegal.

    3. First Amendment Risks:

      • Forced access to data containing political, religious, or associational information may violate constitutional protections of speech and association.

    4. Overreach into State Data Sovereignty:

      • Section 3© may violate the Tenth Amendment and states’ rights.

    5. “Self-Justifying” Legal Language:

      • Section 4© disclaims enforceable rights, effectively stating: “This is legal because the order says so.”
      • Courts will likely need to determine whether this exceeds executive authority.

    IV. Prior Orders and Laws Potentially Overridden

    • Executive Order 13526 (2009): Classification guidance.
    • The Privacy Act of 1974: Restrictions on sharing PII.
    • OMB Circular A-130: Federal information management policies.
    • System of Records Notices (SORNs): Federal privacy compliance frameworks.

    V. Legal Challenges Likely to Arise

    • Spending Clause violations: Unlawful coercion of states.
    • HIPAA and federal privacy law conflicts.
    • Tenth Amendment (state sovereignty) challenges.
    • First Amendment (free speech/association) challenges.
    • APA violations (lack of public notice or arbitrary regulatory changes).

    VI. Conclusion

    While seeking to increase efficiency, this executive order raises sweeping legal and constitutional issues. The forced access to state-held and third-party data, disregard for privacy protections, and language designed to avoid legal accountability are likely to face serious judicial review. Conditions for data access cannot be imposed retroactively or without clear statutory authority.

    In short: Receiving federal funds does not automatically waive privacy protections or grant federal control. The order’s legality will ultimately depend on court interpretation.

    VII. References