Federal Judge Rules OPM Violated Privacy Act in Granting DOGE Access to Employee Data

U.S. District Judge Denise Cote ruled on October 20, 2026, that the Office of Personnel Management (OPM) unlawfully disclosed sensitive personal information of federal employees to personnel associated with the Department of Government Efficiency (DOGE), violating the Privacy Act of 1974. The decision in American Federation of Government Employees, AFL-CIO v. U.S. Office of Personnel Management (S.D.N.Y., 1:25-cv-01237) granted plaintiffs summary judgment on Administrative Procedure Act claims, finding no credible link between the broad data access granted starting January 20, 2025, and any modernization efforts.[1][2]

The ruling details that approximately 20 DOGE-affiliated individuals received access to OPM systems containing personally identifiable information (PII) such as Social Security numbers, health data, and banking details through at least March 2026 in some cases, with limited access persisting until September 2025. Plaintiffs, including unions and groups like the Association of Administrative Law Judges, argued the disclosures lacked legal basis and proper safeguards. DOGE, established by executive order under President Trump shortly after his 2025 inauguration and initially linked to efforts led by Elon Musk, was formally terminated on July 4, 2026.[3][4]

Cote noted that while OPM later updated policies to restrict access by detailees and only one former DOGE agent remains at OPM without PII access, the changes appeared litigation-driven and did not moot the core violation. The court emphasized individual accountability over systemic procedural failures. Related suits, including those involving the Electronic Frontier Foundation and other privacy advocates, highlight broader concerns over inter-agency data sharing and cybersecurity risks in efficiency initiatives.[5]

This case underscores tensions between rapid government streamlining and longstanding privacy protections, with the Privacy Act serving as a key bulwark against unauthorized disclosures of federal records.