DOGE, OPM Deny and Defend Claims Alleging Privacy Act Violations
The Department of Government Efficiency (DOGE) and the Office of Personnel Management (OPM) said Thursday that DOGE employees' access to sensitive personal data didn't violate the 1974 Privacy Act. The government units presented their arguments in an answer to a complaint from the American Federation of Government Employees as part of a case the union brought against them. They then asked the court to dismiss the case with prejudice.
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In addition to denying the majority of the complaint's allegations, DOGE and OPM said the court lacks "subject matter jurisdiction" over the claims, and the complaints fail "to state a claim against ... which relief may be granted." In addition, they said, "no agency action at issue was arbitrary, capricious, an abuse of discretion, a violation of due process, or otherwise not in accordance with law."
"Any errors" of law that DOGE and OPM committed, which they "expressly deny, were harmless and not prejudicial, and warrant none of the relief requested in the Complaint." In sum, DOGE and OPM "did not act contrary to, or in violation of, any federal law."
Case 25-01237 began Feb. 11 when current and former government employees filed a complaint against OPM and DOGE in the U.S. District Court for Southern New York. Though the government sought to dismiss the case multiple times (see 2503170044 and 2504010017), the district court denied that request on April 3 (see 2504030060).