Elon Musk’s DOGE Accessed Student Data. Can Student Loans Be Discharged Through FERPA Complaints?
Credit: Chesnot / Getty Images- The Department of Government Efficiency (DOGE) accessed an undisclosed amount of data from the Department of Education this month.
- Democrats and legal advocates raised red flags that this access violated the privacy of millions of students and student loan borrowers.
- Students quickly took to TikTok, telling others to file complaints and attempt to get their loan debt forgiven.
- Despite valid privacy concerns, students cannot have their loan debt discharged because of DOGE’s recent access.
TikTokers think Elon Musk and his Department of Government Efficiency (DOGE) violated a federal law and that it entitles them to student loan debt relief. But is the social media loophole fact or fiction?
The newly minted White House office led by the tech billionaire began accessing the Department of Education’s (ED) internal systems sometime during the first two weeks of February as President Donald Trump furthers plans to dismantle ED.
On Feb. 8, TikTok users began urging their followers to file a Family Educational Rights and Privacy Act (FERPA) complaint, alleging that because their data had been improperly accessed without consent, they had the right to request their student loan debt be discharged in full.
@scholarshipcollegemama#loans#studentloans#elonmusk#FERPA#federalloans#forgiveness#breach#data#department#DOE♬ original sound – Laverne | College Scholarships
In just a few days, these videos have garnered hundreds of thousands of likes and millions of views, but legal experts warn that this may not be as simple as it seems.
“Let me be definitive: It is complete fiction that at this moment in time you can get your loans forgiven for a FERPA violation,” Andrew Miltenberg, who defends college students as a partner at Nesenoff and Miltenberg, told BestColleges.
“And to add to the confusion, it’s unclear whether or not the DOGE office is violating something by demanding private information.”
Though the University of California Student Association filed a lawsuit against ED on Feb. 7 to block DOGE’s access to sensitive data, it could be a while before students have answers about the legality of this access.
What Is FERPA?
Established in 1974 under President Gerald Ford, the Family Educational Rights and Privacy Act is a federal law protecting access to and disclosure of educational records.
This means that no unauthorized entity can access a student’s education records and personally identifiable information from their institution without the student’s signed waiver.
Education records include more than just grades or GPA. FERPA protects students’ campus medical records, class attendance, involvement in school-sponsored activities, and financial aid records.
Privacy rights under FERPA are granted to parents of dependent students and current and former students 18 years or older.
Did DOGE Violate FERPA?
While the DOGE team’s unfettered access to ED’s internal systems has raised alarm bells among Democratic politicians, legal experts, and privacy advocates, DOGE has not technically violated FERPA at this time.
This is because FERPA only covers educational institutions from disclosing school records to others.
“Even in a situation where FERPA does apply — let’s say it was a school that had wrongfully disclosed information on a student as opposed to ED giving access to a third party — the only legal recourse [for students] is filing a complaint against the school with ED,” Jay Fleischman, managing attorney at MoneyWise Law, told BestColleges.
What students cannot do is file a lawsuit, individually or as a class action, against an entity like DOGE because they believe it has violated FERPA. The U.S. Supreme Court decided this in 2002 in Gonzaga University v. Doe.
Though DOGE’s recent actions don’t appear to violate FERPA, it’s not yet clear whether the office has violated the Privacy Act of 1974, a federal law that protects against any “unwarranted invasion of privacy resulting from the collection, maintenance, use, and disclosure of personal information.”
How Students Can Protect Their Data
Students hoping to eliminate their student loan debt through FERPA violations may be disappointed that the TikTok-viral privacy loophole isn’t what it seems. However, other steps can ensure your data isn’t mismanaged or improperly accessed.
Even if DOGE were violating FERPA, filing a complaint lets ED know you’re concerned your data is being illegally disclosed, but it doesn’t provide any financial recourse.
Instead, filing a suit for violations of the Privacy Act of 1974 and the Internal Revenue Code — like the UC Student Association — is an option that could block DOGE from accessing your records, but it is also costly and without a guarantee of success.
Miltenberg instead suggests students contact their institutions to verify that their records remain private and confidential.
“The best thing I could recommend is to send a letter or email — not a call — to the university’s registrar’s or bursar’s office and say you’re writing to ensure that your records remain protected by FERPA, are confidential and privileged, and will not be accessed or released by any party without your express written consent and waiver,” he said.
Fleischman echoes similar sentiments and further suggests that students download their financial aid information and entire history directly from studentaid.gov and do the same from their loan servicer.