A group of 104 federal workers, together with various unions representing government employees, have filed a lawsuit in the Southern District of New York. The legal action, initiated on Tuesday, seeks an injunction to prevent the Defenders of Government Employees (DOGE) from accessing Office of Personnel Management (OPM) records. The plaintiffs argue that DOGE's access to these records constitutes a violation of the Privacy Act, which safeguards against unauthorized access to personal data across federal agencies.
The lawsuit names several high-profile defendants, including Elon Musk, DOGE, the OPM, and current OPM director Charles Ezell. The plaintiffs demand that the government's main HR agency, the OPM, terminate DOGE and its agents' access to sensitive personnel records. The defendants allegedly obtained access without fulfilling the necessary security clearances, a move that could jeopardize the professional standing of the federal workers involved.
DOGE's controversial access to federal employee data has sparked concerns about possible retaliatory actions. There have been threats from Elon Musk and former President Donald Trump to dismiss employees perceived as disloyal, raising alarms about potential misuse of data. The lawsuit underscores the absence of any Privacy Act exceptions that would legitimize DOGE Defendants' access to OPM's records.
“The Privacy Act makes it unlawful for OPM Defendants to hand over access to OPM’s millions of personnel records to DOGE Defendants, who lack a lawful and legitimate need for such access.”
Victoria Noble, a lawyer from the Electronic Frontier Foundation, is supporting the legal proceedings. The lawsuit represents the initial phase of a broader legal strategy, which could progress into a class action lawsuit if necessary. The plaintiffs emphasize that DOGE's agents were not government employees at the time they accessed OPM computer networks, further complicating their justification for such access.
“OPM Defendants gave DOGE Defendants and DOGE’s agents — many of whom are under the age of 25 and are or were until recently employees of Musk’s private companies — ‘administrative’ access to OPM computer systems, without undergoing any normal, rigorous national-security vetting.”
The legal case sheds light on previous incidents involving DOGE personnel. Notably, DOGE worker Edward Coristine, who was known online by the alias "Big Balls," faced termination from a cybersecurity firm after an investigation into data leaks during his tenure.
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