Government Opposes Injunction in DOGE, OPM Privacy Act Case
The Department of Government Efficiency (DOGE) and Office of Personnel Management (OPM) on Friday opposed a motion from federal employees asking a court to stop OPM from disclosing records containing sensitive personal information to DOGE. The American Federation of Government Employees requested the injunction at the end of April, claiming that disclosing this data is a violation of the Privacy Act of 1974 and the Administrative Procedures Act (see 2504280027).
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In its motion, the government said "erroneous information contained in news reports claiming that OPM is improperly disclosing sensitive data to DOGE staffers” prompted the suit. Filed in the U.S. District Court for Southern New York, the OPM-DOGE memo said they've proven that all those granted access to its OPM's system "were properly vetted and duly appointed as OPM employees.” It continued, "There is no evidence that any OPM employees have improperly disclosed sensitive personal information to DOGE,” in violation of the Privacy Act.
DOGE and OPM also claimed that the federation has not shown any likelihood of success on the merits, nor demonstrated a real violation of the Privacy Act, among other claims.
District Judge Denise Cote has scheduled a hearing for May 29 at 10 a.m. EST to discuss the injunction request.
Case 25-01237 began in February when the federation filed the original complaint, and Cote allowed the case to continue when she rejected DOGE and OPM’s motion to dismiss in early April (see 2504030060). The federal employees’ motion for a temporary restraining order is pending (see 2502200047).