Victory! Court Rules OPM Data Disclosure to DOGE Is Unlawful

A federal judge in New York ruled on October 20, 2026 that the Office of Personnel Management unlawfully disclosed millions of federal employee records to the U.S. DOGE Service, finding that the transfers - begun in January 2025 - violated two central provisions of the Privacy Act of 1974. The court held OPM breached the Act’s ban on unauthorized interagency disclosures and its duty to protect the security and confidentiality of personally identifiable information stored in its systems. The judge rejected OPM’s suggestion that the disclosures were driven by a legitimate modernization effort, concluding the record does not support sweeping, expedited access for a cadre of DOGE agents.

Electronic Frontier Foundation brought the suit against OPM and DOGE on behalf of federal employee unions and individual employees, seeking injunctive and declaratory relief; co-counsel include Lex Lumina LLP, State Democracy Defenders Fund, and The Chandra Law Firm. Although many DOGE agents have since left government and OPM rescinded their access, the court will decide remedies later and directed OPM to address remaining cybersecurity and confidentiality problems. The records at issue come from OPM’s databases holding sensitive PII for tens of millions of employees, retirees, and applicants.