Two members of Elon Musk's Department of Government Efficiency (DOGE) were recently seen at the Federal Trade Commission (FTC), raising concerns over the agency's access to sensitive business data and potential conflicts of interest. According to sources, Gavin Kliger and Emily Bryant were spotted in the building and are now listed in the FTC's internal directory under the Office of the Chairman with their own agency emails.

The presence of DOGE at the FTC has sparked concerns among regulators and industry experts, given the agency's access to a vast trove of nonpublic information on businesses it investigates and studies. The FTC has active oversight of Musk's businesses, including X, which is under a long-running consent decree with the agency as a result of how Twitter mishandled user data before Musk purchased the social network.

FTC Chair Andrew Ferguson has already made clear that he believes regulatory agencies should operate under the control of the president, not as the independent bodies they've traditionally been. This has raised concerns over the potential for political interference in the agency's decision-making processes. Furthermore, Musk has endorsed the idea of stripping away the FTC's authority to enforce antitrust law by consolidating that power in the Department of Justice, which already coordinates with the FTC on which antitrust cases to pursue.

The FTC's access to sensitive business data is a significant concern, given the potential for misuse or unauthorized disclosure. As FTC Commissioner Rebecca Kelly Slaughter pointed out during a recent panel at the American Bar Association, the agency "has some of the most commercially sensitive financial data of businesses throughout the economy." She emphasized that it would be "very illegal" and "concerning" if such data was "accessed by other market participants."

The implications of DOGE's presence at the FTC are far-reaching, with potential consequences for the agency's independence and the integrity of its decision-making processes. As the FTC continues to play a critical role in regulating the tech industry, it is essential to ensure that its actions are guided by a commitment to fairness, transparency, and the public interest.

In the coming weeks and months, it will be crucial to monitor the activities of DOGE at the FTC and ensure that the agency is not being unduly influenced by political or commercial interests. As the tech industry continues to evolve and grow, it is essential to maintain a robust and independent regulatory framework that can effectively address the complex challenges and opportunities presented by emerging technologies.