Victory! Court Rules OPM Data Disclosure to DOGE Is Unlawful

Electronic Frontier Foundation Version 2 imported change current

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In a victory for data privacy, a federal court in New York definitively ruled that the Office of Personnel Management (OPM) violated the law when it disclosed millions of federal employee records to DOGE agents. In a summary judgment ruling issued on October 20, 2026, the court found that OPM violated two provisions of the Privacy Act—one restricting disclosure of personal records between agencies and another requiring agencies to protect the security and confidentiality of records. Since the case was filed, many DOGE agents have left the government and OPM has rescinded their database access. However, OPM should still clean up the cybersecurity mess it created. The court will decide the remedy at a later date. "By virtue of the Court’s summary judgment ruling, OPM’s decision to grant DOGE Agents broad access to its systems of recordings containing [personally identifiable information (PII)] has been held unlawful," Judge Denise Cote wrote. "The record also provides no support for a finding that it was the pursuit of a modernization agenda that prompted OPM to grant sweeping and expedited access to a score of DOGE Agents to its systems of records containing PII," she added. OPM&...

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October 20, 2026 23:02
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