DOGE’s Investigation Into OPM Files Likely Violates Privacy Act, According to the Court

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DOGE's Investigation Into OPM Files Likely Violates Privacy Act, According to the Court

A new legal battle is unfolding as unions, federal employees, military veterans, and student aid recipients file lawsuits against federal agencies for allegedly sharing their personal information with affiliates of the Department of Government Efficiency (DOGE).

The lawsuit claims that federal agencies, including the Office of Personnel Management (OPM) and the Department of Education, unlawfully granted DOGE personnel access to sensitive records without consent, in violation of the Privacy Act.

What Is the Lawsuit About?

The plaintiffs argue that government agencies improperly disclosed personally identifiable information (PII) to DOGE personnel implementing the President’s Executive Orders. The disclosed data reportedly includes:

  • Social Security numbers
  • Bank account details
  • Dates of birth
  • Physical and email addresses
  • Employment records and personnel actions
  • Disability and health status
  • Income, assets, and financial information
  • Family members’ personal and financial data

The lawsuit states that DOGE affiliates, who have no clear need for this information, could use it to build a detailed profile of individuals’ financial, familial, and professional lives.

Privacy Act Violation: Unauthorized Data Sharing

The lawsuit claims that the agencies’ actions violate the Privacy Act, which prohibits federal agencies from sharing personal records without written consent. The Privacy Act specifically states that any disclosure of an individual’s private information must be authorized by the person concerned, except under strict exceptions.

The plaintiffs argue that DOGE affiliates at OPM and the Department of Education do not meet the “need-to-know” requirement, as their access to personal data is not essential to their duties. The lawsuit highlights that workplace reforms introduced by DOGE do not require access to personal records, yet DOGE personnel have been granted entry into sensitive government databases.

Irreparable Harm: The Risk of Ongoing Data Breaches

The plaintiffs assert that the unauthorized access to their private information puts them at serious risk of harm, including:

  • Identity theft and fraud – Exposure of Social Security numbers and bank details increases the risk of financial fraud.
  • Privacy violations – Personal addresses, medical records, and employment data could be misused.
  • Unlawful surveillance – DOGE personnel may be able to track individuals’ financial and professional activities.

With no indication that the government intends to revoke DOGE’s access to this data, the plaintiffs argue that urgent court intervention is necessary to prevent further breaches.

Government’s Justification: Lack of Transparency

So far, the government has not provided a clear explanation as to why DOGE personnel need access to federal employees’ personal records. The lawsuit emphasizes that the current records do not justify why DOGE affiliates require this information to implement workplace reforms.

Legal experts suggest that unless the government can prove a legitimate need for DOGE affiliates to access sensitive personal information, the plaintiffs have a strong case for injunctive relief.

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Tom Vander Woude

Tom Vander Woude ('20) is from Grand Rapids, MI, and was a sports contributor to the Wake Forest Review. He covered various athletic events and provided analysis on sports-related topics at Wake Forest University.

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