Cote rules OPM's grant of DOGE access to personnel records was unlawful

Denise CoteU.S. district judge, Southern District of New York

In her October 20 opinion, Judge Denise Cote rules that OPM acted unlawfully when it gave DOGE agents broad access to systems holding personal information without a demonstrated need. Because the access has been rescinded, she says it does not need to be set aside.

“OPM’s decision to grant DOGE Agents broad access to its systems of records containing PII without a demonstrated need was unlawful”

Original text

Read the original text (opens in a new tab)AFGE v. OPM: October 20 opinion and order on summary judgmentNo. 1:25-cv-01237-DLC, Document 241; pages 1-5, 29-31 and 34-38

Where this statement fits

Judge Cote rules OPM's DOGE data access broke the Privacy Act; the government argues no relief is needed

Judge Denise Cote ruled on October 20, 2026 that the U.S. Office of Personnel Management violated the Privacy Act when it gave DOGE agents broad access to systems holding federal workers' personal records in early 2025. The government argued the access went to OPM employees and that no further relief is warranted. The court has not yet decided relief.

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Source and context

Original text

AFGE v. OPM: October 20 opinion and order on summary judgment (opens in a new tab)No. 1:25-cv-01237-DLC, Document 241; pages 1-5, 29-31 and 34-38

About this source

Judge Denise Cote rules on cross-motions for summary judgment in the federal unions' Privacy Act case against OPM, the U.S. DOGE Service and Elon Musk. Relief is left for a later ruling.

Before the quotation

Cote writes that there is no meaningful dispute about the underlying conduct and that the defendants barely defend its legality, relying instead on later events to argue that the case is moot.

After the quotation

She adds that because all the access permissions have been rescinded, they need not be set aside, and she rejects the government's argument that DOGE agents' modernization duties justified the access.

How this statement is classified

Condemned

The label describes this statement's response within the context above.

Why this label?

The case concerns OPM's decision to give DOGE agents access to federal personnel records. Cote rules that the decision was unlawful, which condemns the conduct under scrutiny.

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U.S. Office of Personnel Management

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The Dispute Index
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Cote rules OPM's grant of DOGE access to personnel records was unlawful
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The Dispute Index. "Cote rules OPM's grant of DOGE access to personnel records was unlawful". First published: 2026-10-27. Last updated: 2026-10-27. https://disputeindex.com/events/6974-in-her-october-20-opinion-judge-denise-cote