DOGE OPM data access injunction A New York Federal judge has issued a preliminary injunction after discovering the Office of Personnel Management (OPM) violated privacy laws and did not observe cybersecurity measures after it granted the Department of Government Efficiency (DOGE) access to its data systems.

Judge Denise Cote’s Ruling

“OPM broke the law and circumvented its well-established cybersecurity procedures” when it exchanged information with DOGE, U.S. District Court Judge Denise Cote of the Southern District of New York wrote in a 99-page order on Monday. The ruling limits how the agency in charge of Federal personnel can share information with DOGE. DOGE OPM data access injunction

Background of the Lawsuit

The ruling follows after Federal employees and union plaintiffs sued OPM for granting DOGE employees who were not adequately vetted or trained access to databases containing personal information on millions of Americans, “including former, current, and prospective federal employees.”

The action was a violation of the Privacy Act and administrative procedure law, the lawsuit claimed, requesting the court to order the deleted information that was accessed. DOGE OPM data access injunction 

Privacy Act and Security Concerns

Judge Cote stated that she had determined that “no credible need for this access had been demonstrated,” by the government.

“This was a violation of law and of trust,” the judge wrote in her order. “Tens of millions of Americans rely on the Government to protect records that divulge their most intimate and sensitive affairs. DOGE OPM data access injunction

Defense Arguments and IT Modernization

One of the defense arguments was that this order would hinder OPM from modernizing its IT systems, something that Judge Cote described as uncontentious and would not be subject to targeted inclusion in the order. She added that OPM had not demonstrated that adhering to the Privacy Act or meeting its own cybersecurity standards would obstruct modernization efforts. The judge also noted that the injunction’s scope would not obstruct ongoing modernization initiatives. DOGE OPM data access injunction

Plaintiffs’ Claims Against OPM

The plaintiffs in the lawsuit, such as the American Federation of Government Employees, have filed a lawsuit against OPM to prevent DOGE from gaining access to systems anymore. The plaintiffs claim OPM broke federal law when it provided “unvetted and untrained” DOGE agents with extensive access to several systems that contain personal information on millions of people, including working and retired government employees. DOGE OPM data access injunction

Hearing and Courtroom Proceedings

Cote seemed open to those points on May 29 during a hearing in New York. DOGE OPM data access injunction

“I have some concerns, as the administrative record doesn’t appear to be one worth showcasing,” Cote remarked after Justice Department lawyers argued that the plaintiffs had not proven any violation of federal law.

Failures in Cybersecurity Safeguards

In Monday’s decision, Judge Cote once more faulted the defense for failing to admit mistakes that occurred when DOGE was allowed into sensitive OPM systems during the early weeks of the new administration.

The government might have admitted that in its haste to get things done for a new president errors were made and critical protocols were neglected. It hasn’t,” she said. “The government has defended this lawsuit by invoking a mantra over and over again that it followed all policies and safeguards in place. It didn’t. Without an unqualified acknowledgment that the law and the established cybersecurity procedures need to be adhered to, the potential for irreparable harm will still persist.

Next Steps in the Case

Although Cote approved the preliminary injunction Monday, a second order defining the reach of that injunction still lies ahead. The sides must negotiate terms of the injunction and submit proposals with the court by Thursday.

Wider Context of DOGE Court Wins

However, the decision is a victory for the DOGE following an onslaught of recent courtroom wins. On Friday, the Supreme Court enabled the White House division to access Social Security Administration files and protected it from having to release details on its work. Last month, a federal court also granted the efficiency-focused unit access to Department of Treasury systems.

Impact on OPM and Government Policy

In her decision, Cote accepted the government’s contention that an injunction would make it difficult to implement administration policy, including upgrading the IT infrastructure at OPM, but she added that “litigation does not challenge or undermine that policy.”

The modernization of IT systems has been an uncontroverted objective of the Government for years,” Cote stated. The defendants have not shown that complying with the Privacy Act requirements or following OPM’s cybersecurity protocols would obstruct a modernization effort.

Plaintiffs are being defended by Electronic Frontier Foundation, Lex Lumina LLP, Democracy Defenders Fund, and The Chandra Law Firm, who rejoiced at the decision as a “victory for personal privacy” in press releases sent via email.

Details of the Injunction

A federal court judge issued an injunction preventing the Department of Government Efficiency (DOGE) from accessing Office of Personnel Management (OPM) databases.

The ruling by U.S. District Judge Denise Cote, who was appointed by then-President Clinton, held DOGE illegally granted access to extensive databases that include current and former federal workers and also have information about future hires.

Violation of Privacy Act of 1974

The suit contends that OPM and OPM Acting Director Charles Ezell unlawfully released personnel records to DOGE agents in contravention of the Administrative Procedures Act and the federal Privacy Act of 1974, a landmark anti-surveillance law that forbids the federal government from misusing our personal data. Along with requesting permanently enjoining further disclosure of OPM data to DOGE, the suit requests erasure of any data already disclosed by OPM to DOGE.

Scope of OPM Data Collection

The federal government employs more people than any other organization in the nation, and the files kept by OPM represent one of the biggest collections of sensitive personal data in the country. Along with personally identifiable data including names, social security numbers, and demographic information, these records contain work data including salaries and union activities; personal health records and data on life insurance and health benefits; death benefit designations and savings programs with financial information; nondisclosure agreements; and data on family members and other third parties mentioned in background checks and health records.