Federal Workers Can Dispute DOGE’s Data Access, Judge Rules (2)

Federal employees’ lawsuit seeking to stop Elon Musk and his team from accessing their personal information can move forward, a judge ruled.

Judge Denise Cote of the US District Court for the Southern District of New York said Thursday the court will consider claims that the Trump administration violated the Administrative Procedure Act when it allowed Musk’s team to access Office of Personnel Management records. OPM, the federal government’s HR division, holds detailed information about 2.3 million civilian employees.

The lawsuit is among the latest legal actions challenging DOGE’s access to federal agency records, including sensitive data held by the Labor and Treasury departments.

“The DOGE defendants have no statutory authority with respect to OPM records,” Cote wrote in her order.

The plaintiffs also accused OPM of violating the Privacy Act of 1974, the law that prescribes how federal agencies collect, use, and disclose individuals’ personal information. Cote dismissed those claims.

OPM is a potential target for hackers. The office revealed in 2015 that hackers breached its computers and stole personal data for about 22.1 million people.

“Americans’ private data stored with the government isn’t the personal playground of unelected billionaires,” Everett Kelley, president of the American Federation of Government Employees, said in a statement. AFGE is one of the plaintiffs in the suit.

The Justice Department didn’t immediately respond to requests for comment.

The case is Am. Fed. of Gov’t Emp. v. OPM, S.D.N.Y., 1:25-cv-01237, 4/3/25.