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 Because the access has been rescinded, she says it does not need to be set aside.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
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.
Source and context
Original text
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She adds that because all the access permissions have been rescinded, they need not be set aside, and she rejects the government's argument that DOGE agents' modernization duties justified the access.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
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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- People and groups discussed
- U.S. Office of Personnel Management
More from this case
Read the full caseEisen says the government had no business giving DOGE the personal data of tens of millions of people
“The federal government had no business handing the personal data of tens of millions of people to Elon Musk and DOGE”Read statement
EFF says OPM's disclosure to DOGE violated the Privacy Act
Electronic Frontier Foundation
“This disclosure violates the federal Privacy Act of 1974, a watershed anti-surveillance statute that prevents the federal government from abusing our personal information.”Read statement
Government says OPM-2 and OPM-18 were OPM employees at all relevant times
U.S. Office of Personnel Management
“it should still conclude that OPM-2 and OPM-18 were at all relevant times OPM employees, as the totality of the evidence refutes plaintiffs’ characterization”Read statement
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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