Federal judge rules OPM violated Privacy Act by sharing data with Elon Musk’s DOGE

Ruling finds government lawyers ‘barely defend’ legality of granting access to sensitive records of millions of federal employees

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A federal judge has ruled that the Office of Personnel Management (OPM) broke the law by sharing sensitive government data with Elon Musk’s Department of Government Efficiency (DOGE), a special advisory group created early in President Donald Trump’s second term. In a 39-page ruling released Tuesday, Judge Denise Cote said OPM violated the Privacy Act of 1974 and failed to follow its own cybersecurity practices when it gave DOGE access to personally identifiable information (PII) of tens of millions of federal employees, applicants, and retirees.

Judge Cote found that OPM did not provide a credible reason why DOGE needed access to such data, which included employee records, background checks, medical files, and banking information. She wrote that the defendants “barely defend its legality, relying instead on what has happened since to argue that the case is moot and that prospective relief is unnecessary.”

The Department of Justice, representing OPM, had argued in previous court filings that DOGE agents required the data as part of workforce modernization efforts. However, Judge Cote noted that previous government modernization initiatives had not required access to such information, and the administration never connected the data access to DOGE agents’ responsibilities.

The judge also rejected the government’s argument that the lawsuit was moot because DOGE is no longer a centralized entity. While DOGE agents have had access to OPM data since September 2025, one former agent is not employed at OPM, she said. The ruling did not specify a final remedy for the case.

Musk assembled DOGE in the first days of the second Trump administration, saying the advisory group would root out waste, fraud, and abuse. DOGE claims to have saved $215 billion in cancelled contracts and reduced the federal workforce by approximately 300,000 workers. However, former federal employees, including former IRS acting Commissioner Douglas O’Donnell, have warned that sweeping cuts will hinder the government’s ability to improve efficiency through technology.

A coalition of unions, including the AFL-CIO, filed a lawsuit against DOGE and the Department of Labor in February 2025 challenging the advisory group’s access to private information. Musk justified the access in a Fox News interview last February, saying government databases “don’t talk to each other” and that reconciling them would improve efficiency and reduce fraud.

Policy experts have raised concerns about cybersecurity and privacy risks. Elizabeth Laird, director of equity in civic technology at the Center for Democracy and Technology, told Fortune that amassing such information would give the federal government “unprecedented power and control” and that even if legally permissible, the data sharing could still be a security threat.

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Analysis

Why This Matters

  • The ruling establishes a legal precedent that OPM violated the Privacy Act, potentially limiting government data sharing with outside advisory groups.
  • Tens of millions of federal employees, applicants, and retirees had their sensitive personal information accessed without clear justification, raising privacy and security concerns.
  • The decision could affect future workforce modernization efforts and the role of special advisory groups like DOGE.

Background

Judge Denise Cote’s ruling stems from a lawsuit filed in February 2025 by a coalition of unions including the AFL-CIO, challenging DOGE’s access to OPM data. DOGE was created in the first days of President Trump’s second term, led by Elon Musk, to identify waste and fraud in government. OPM granted DOGE agents access to records including background checks, medical files and banking information from September 2025. The DOJ argued the case was moot because DOGE is no longer a centralized entity, but the judge rejected that claim.

Key Perspectives

Unions and plaintiffs (AFL-CIO)::** They argued that DOGE’s access to private employee data was unlawful and intrusive. The ruling vindicates their position that OPM violated federal law. Government defendants (DOJ/OPM): They barely defended the legality, according to the judge, relying on events after the fact to argue mootness. They said DOGE needed the data for workforce modernization but did not show a connection to agents’ duties. Policy experts and privacy advocates:** Elizabeth Laird of the Center for Democracy and Technology warned about the security and security risks of data on personal devices, and exposing security risks a bad idea.

What to Watch

  • The final remedy Judge Cote may impose a final remedy such as ordering OPM to retrieve a date or cease sharing data or ceased.
  • Whether the administration will further or appeal the ruling could challenge the privacy or continue challenges that could further impact.
  • Potential trigger: Could the agency adopt new rules or DOGE or new advice that satisfies the without violating new privacy concerns?

Sources

Checked

12 claims in this story checked against 1 source: 11 supported.

Show each claim
  1. SupportedA federal judge ruled that OPM violated the Privacy Act by sharing data with DOGE.Fortune | FORTUNE: “Judge Denise Cote said OPM violated the Privacy Act of 1974”
  2. SupportedThe judge said the government lawyers ‘barely defend’ the legality of granting DOGE access to sensitive records.Fortune | FORTUNE: ““The defendants barely defend its legality, relying instead on what has happened since to argue that the case is moot and that prospective relief is unnecessary,” Cote wrote in her ruling.”
  3. SupportedThe ruling was released Tuesday and was 39 pages long.Fortune | FORTUNE: “In a 39-page ruling released on Tuesday”
  4. SupportedOPM failed to give a credible reason DOGE needed personally identifiable information about tens of millions of employees, applicants and retirees.Fortune | FORTUNE: “OPM failed to provide a credible reason for why DOGE would need access to personally identifiable information (PII) of tens of millions of federal employees, as well as applicants and retirees”
  5. SupportedOPM also failed to follow its own cybersecurity practices.Fortune | FORTUNE: “OPM violated the Privacy Act of 1974, a post-Watergate law which prohibits the disclosure of certain records and outlines requirements for safeguarding others, and subsequently disobeyed its own cybersecurity practices.”
  6. SupportedThe Department of Justice argued that DOGE agents needed the data for workforce modernization efforts.Fortune | FORTUNE: “The Department of Justice (DOJ), which served as the legal team for OPM, argued in previous court filings that DOGE agents required access to sensitive data—including employee records, background checks, medical files, and banking information—as part of the group’s workforce modernization efforts.”
  7. SupportedPrevious government modernization initiatives did not require access to such information, and the administration did not connect the data access to DOGE agents’ responsibilities.Fortune | FORTUNE: “However, previous government modernization initiatives have not required access to such information, Cotes said, and the administration never made a connection between the access to data and DOGE agents’ responsibilities.”
  8. SupportedThe judge rejected the government’s argument that the lawsuit was moot because DOGE was no longer a centralized entity.Fortune | FORTUNE: “Cotes also rejected the government’s argument that the lawsuit was moot because DOGE is no longer a centralized entity.”
  9. SupportedDOGE agents had access to sensitive OPM data since September 2025, and one former agent was not employed at OPM.Fortune | FORTUNE: “While DOGE agents have had access to sensitive OPM data since September 2025, one former agent is not employed at OPM, Cotes said.”
  10. SupportedThe ruling did not specify a final remedy.Fortune | FORTUNE: “She did not offer a final remedy for the case.”
  11. SupportedDOGE claimed to have saved $215 billion in cancelled contracts and reduced the federal workforce by approximately 300,000 workers.Fortune | FORTUNE: “While DOGE claims to have saved the government $215 billion in cancelled contracts and the reduction of approximately 300,000 government workers”
  12. Partly supportedFormer federal employees warned that sweeping cuts will hinder the government’s ability to improve efficiency through technology.Fortune | FORTUNE: “former federal employees, including former IRS acting Commissioner Douglas O’Donnell, have warned the sweeping cuts will have lasting impacts on the government’s ability to increase efficiency through updated technology.”

Correction

An earlier version of this story said a former DOGE agent remained employed at OPM. The source says the former agent is not employed there. The subheadline also incorrectly quoted the ruling as saying “barely defends”. The wording is “barely defend”.

Zotpaper

Written by Harper Lane on the World desk. Claims checked by Ines Fairley, verification. Read for legal risk by Marcus Hale, legal. Edited by Angus Burke, chief sub.

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