Federal Court Blocks OPM Data Sharing with DOGE in Major Privacy Act Ruling

DOGE OPM data access injunction In a 99-page ruling, U.S. District Court for the Southern District of New York Judge Denise Cote ruled that federal worker and union plaintiffs had established that the government defendants in the challenge had shared OPM records with “persons who had no legal right of access to those records” in contravention of the Privacy Act of 1974 and cybersecurity regulations. 

“This was a violation of law and of trust,” Cote declared. “Tens of millions of Americans rely on the Government to protect records revealing their most intimate and sensitive business.”

Background of the Privacy Act Challenge

DOGE OPM data access injunction The decision is the latest in a challenge to DOGE’s access to data at OPM brought by a group of federal unions and current and former government workers or contractors. In a lawsuit filed Feb. 11, the plaintiffs claimed that OPM and its acting Director Charles Ezell had released DOGE affiliates’ personnel records in contravention of the Privacy Act and federal administrative procedure law, and requested that the court enjoin further disclosure of that information and direct the erasure of that data.

 

Initial Injunction Against DOGE Data Access

DOGE OPM data access injunction In reaction to the United States District Court for the District of Maryland ordering a preliminary injunction preventing the Department of Education (ED) and the Office of Personnel Management (OPM) from releasing sensitive personal information to employees of the Department of Government Efficiency (DOGE), NARFE National President William “Bill” Shackelford issued the following statement:

“This initial injunction safeguards against the misuse of the personal information of federal retirees and employees, including those who performed sensitive and secure work on behalf of their nation, by DOGE affiliates who do not need access to the information to carry out their work.”

An earlier temporary restraining order was issued in this case, which was initially submitted on February 10.

Federal Judge Issues Preliminary Injunction

NEW YORK–In a triumph for individual privacy, a federal district court judge in New York today issued a preliminary injunction in a lawsuit challenging the U.S. Office of Personnel Management’s (OPM) release of records to DOGE and its agents.

DOGE OPM data access injunction Judge Denise L. Cote of the U.S. District Court for the Southern District of New York concluded that OPM abdicated the Privacy Act and cut over its well-defined cybersecurity procedures under the Administrative Procedures Act. The court will rule on the scope of the injunction later this week. The plaintiffs requested the court to suspend DOGE agents’ access to OPM records and require DOGE and its agents to erase any records that have previously been made public. OPM’s databases contain very sensitive personal data on tens of millions of federal employees, retirees, and job applicants.

“The plaintiffs demonstrated that the defendants released OPM records to persons without a legally recognized right of access to such records,” Cote determined. “By doing so, the defendants broke the Privacy Act and deviated from cybersecurity guidelines they are required to adhere to. This was a violation of law and of trust. Decades of millions of Americans rely on the Government to protect records exposing their most intimate and sensitive affairs.”

Analysis and Reactions

Justin Doubleday, Management, Federal News Network, June 9, 2025

DOGE OPM data access injunction A preliminary injunction was issued by a federal judge that will limit the way the Department of Government Efficiency is allowed to access Office of Personnel Management databases.

In a Monday written opinion, Judge Denise Cote determined OPM “broke the law and circumvented its established cybersecurity procedures” when first giving individuals from DOGE widespread access to its IT systems.

“The plaintiffs have demonstrated that the defendants released OPM records to parties who had no legal entitlement of access to such records,” Cote said. “By doing so, the defendants broke the Privacy Act and deviated from cybersecurity guidelines that they are bound to abide by. This was a violation of law and of trust. Tens of millions of Americans rely on the Government to protect records that disclose their most intimate and sensitive affairs.”

What Information Was Compromised?

DOGE OPM data access injunction In addition to names, social security numbers, and demographic information that are individually identifiable, these files contain work-related data like wages and union activity, personal health files and life insurance and health benefit information, financial data such as death benefit names and savings plans, nondisclosure agreements, and data relating to other family members and third parties mentioned in background reports and health information.

OPM’s History of Privacy Breaches

DOGE OPM data access injunction OPM retains these records on tens of millions of Americans, both current and former federal employees and individuals who have applied for federal employment. OPM has experienced privacy breaches in the past—an OPM breach in 2015 released the personal data of 22.1 million individuals—and its recent moves further make its systems more vulnerable to breaches.

The Importance of the Privacy Act

DOGE OPM data access injunction With a few exceptions, the Privacy Act restricts disclosure of federally stored sensitive information on individuals without the approval of the individuals whose information is to be transmitted. It shields all Americans from abuses resulting from government accumulation of our personal information. This legislation was passed in 1974, the most recent time that Congress acted to curb the data accumulation and surveillance authority of an out-of-control President.

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