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Executive Order: Stopping Waste, Fraud, and Abuse by Eliminating Information Silos (lemmy.blahaj.zone)
submitted 1 day ago by florencia@lemmy.blahaj.zone to c/privacy@lemmy.ml
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https://www.whitehouse.gov/presidential-actions/2025/03/stopping-waste-fraud-and-abuse-by-eliminating-information-silos/

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose. Removing unnecessary barriers to Federal employees accessing Government data and promoting inter‑agency data sharing are important steps toward eliminating bureaucratic duplication and inefficiency while enhancing the Government’s ability to detect overpayments and fraud.

Sec. 2. Definitions. (a) “Agency” has the meaning given to it in section 3502 of title 44, United States Code, except that such term does not include the Executive Office of the President or any components thereof.

(b) “Agency Head” means the highest-ranking official of an agency, such as the Secretary, Administrator, or Director. With respect to multimember agencies, “Agency Head” means the Chairman or equivalent official.

Sec. 3. Eliminating Information Silos. (a) Agency Heads shall take all necessary steps, to the maximum extent consistent with law, to ensure Federal officials designated by the President or Agency Heads (or their designees) have full and prompt access to all unclassified agency records, data, software systems, and information technology systems — or their equivalents if providing access to an equivalent dataset does not delay access — for purposes of pursuing Administration priorities related to the identification and elimination of waste, fraud, and abuse. This includes authorizing and facilitating both the intra- and inter-agency sharing and consolidation of unclassified agency records.

(b) Within 30 days of the date of this order, Agency Heads shall, to the maximum extent consistent with law, rescind or modify all agency guidance that serves as a barrier to the inter- or intra-agency sharing of unclassified information specified in subsection (a) of this section. Agency Heads shall also review agency regulations governing unclassified data access, including system of records notices, and, within 30 days of the date of this order, submit a report to the Office of Management and Budget cataloging those regulations and recommending whether any should be eliminated or modified to achieve the goals set forth in this order. Regulatory modifications pursuant to this order are exempt from Executive Order 14192.

(c) Immediately upon execution of this order, Agency Heads shall take all necessary steps, to the maximum extent consistent with law, to ensure the Federal Government has unfettered access to comprehensive data from all State programs that receive Federal funding, including, as appropriate, data generated by those programs but maintained in third-party databases.

(d) Immediately upon execution of this order and without limiting the above directives, the Secretary of Labor and the Secretary’s designees shall receive, to the maximum extent consistent with law, unfettered access to all unemployment data and related payment records, including all such data and records currently available to the Department of Labor’s Office of Inspector General.

(e) This order supersedes any prior Executive Orders and rules or regulations subject to direct Presidential rulemaking authority to the extent they serve as a barrier to the inter- or intra-agency sharing of unclassified information as specified in this order.

(f) Agency Heads shall conduct a review of classified information policies to determine whether they result in the classification of materials beyond what is necessary to protect critical national security interests and, within 45 days of the date of this order, submit a report to the Office of Management and Budget cataloguing those classified information policies and recommending whether any should be eliminated or modified to achieve the goals set forth in this order.

Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, March 20, 2025.

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[–] Reverendender@sh.itjust.works 7 points 1 day 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(c): 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(c) may violate the Tenth Amendment and states’ rights.

  5. "Self-Justifying" Legal Language:

    • Section 4(c) 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