EFF says OPM's disclosure to DOGE violated the Privacy Act
Electronic Frontier FoundationCounsel for the plaintiffs
In a post on the ruling, the Electronic Frontier Foundation, which represents the plaintiffs, says OPM's disclosure of data to DOGE violates the Privacy Act and that OPM should still clean up the cybersecurity problems it created.
“This disclosure violates the federal Privacy Act of 1974, a watershed anti-surveillance statute that prevents the federal government from abusing our personal information.”
Official statement
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
Official statement
About this source
EFF, which represents the plaintiffs, describes the October 20 ruling and the relief it still seeks.
Archived copy (opens in a new tab)Before the quotation
EFF writes that, starting in January 2025, OPM disclosed data to the U.S. DOGE Service, which Elon Musk initially led.
After the quotation
EFF says it sued on behalf of federal employee unions and individual employees and seeks injunctive and declaratory relief.
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. EFF says the disclosure violates the Privacy Act, which condemns the conduct under scrutiny.
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- 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
Cote rules OPM's grant of DOGE access to personnel records was unlawful
“OPM’s decision to grant DOGE Agents broad access to its systems of records containing PII without a demonstrated need was unlawful”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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- EFF says OPM's disclosure to DOGE violated the Privacy Act
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The Dispute Index. "EFF says OPM's disclosure to DOGE violated the Privacy Act". First published: 2026-10-27. Last updated: 2026-10-27. https://disputeindex.com/events/6977-in-a-post-on-the-ruling-the-electronic