DOGE OPM Data Access Injunction What the Court’s Ruling Means for Federal Employees

A federal judge has issued a preliminary injunction limiting how the Department of Government Efficiency (DOGE) can access databases managed by the Office of Personnel Management (OPM).

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In a written opinion on Monday, Judge Denise Cote ruled that OPM “violated the law and bypassed its established cybersecurity practices” when it initially granted DOGE personnel broad access to its IT systems.

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“The plaintiffs have shown that the defendants disclosed OPM records to individuals who had no legal right of access to those records,” Cote wrote. “In doing so, the defendants violated the Privacy Act and departed from cybersecurity standards that they are obligated to follow. This was a breach of law and of trust. Tens of millions of Americans depend on the Government to safeguard records that reveal their most private and sensitive affairs.”

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Cote granted the plaintiffs’ request for a preliminary injunction, noting that the specific scope will be addressed in a separate order. She instructed both sides to submit proposals by noon on June 12.

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The lawsuit, filed by the American Federation of Government Employees and other plaintiffs, seeks to block DOGE from further access to OPM systems. They contend OPM broke federal law by giving “unvetted and untrained” DOGE agents sweeping access to databases containing personal information on millions of current and former federal employees.

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During a May 29 hearing in New York, Cote signaled skepticism toward the government’s position. “I’m a little concerned, because I don’t think the administrative record is one to be proud of,” she remarked after Justice Department attorneys argued that no violations had occurred.

In her written opinion, Cote again criticized the government for refusing to admit any errors when granting DOGE access in the early days of the new administration.

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“The government could have acknowledged that in its rush to accomplish a new president’s agenda mistakes were made and established, important protocols were overlooked. It has not,” she wrote. “The government has defended this lawsuit by repeatedly invoking a mantra that it adhered to all established procedures and safeguards. It did not. Without a full-throated recognition that the law and established cybersecurity procedures must be followed, the risk of irreparable harm will continue to exist.”

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The Electronic Frontier Foundation, co-representing the plaintiffs, hailed the ruling as “a victory for personal privacy.”

Cote also indicated that the injunction proposed by the plaintiffs would require modifications. Justice Department lawyers pushed for carveouts allowing high-level OPM officials continued access. They also pointed to a separate case involving DOGE access to Treasury Department systems, where a preliminary injunction issued in February has been revised several times to permit access provided DOGE officials meet conditions such as training and vetting.

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In a related filing last Friday, the Justice Department highlighted the Supreme Court’s recent decision to stay a lower court’s injunction restricting DOGE’s access to Social Security Administration systems.

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A Win for Privacy Advocates

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The Electronic Frontier Foundation (EFF), representing the plaintiffs, hailed the ruling as a “victory for personal privacy.” For federal employees, it represents a step toward greater security in how their data is managed.

Still, the final terms of the injunction will be crucial in determining whether meaningful change occurs or whether loopholes will allow similar risks to re-emerge.

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Your personal data security matters. As this case shows, even federal agencies can make mistakes that put sensitive employee information at risk. At Federal Pension Advisors, we help federal employees stay informed, safeguard their benefits, and plan for a secure future. Schedule your free consultation today to ensure your retirement and financial information are protected.

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Conclusion: What Comes Next?

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The DOGE OPM data access injunction shines a spotlight on the government’s duty to protect sensitive information. With Judge Cote’s strong words and a preliminary injunction now in place, the message is clear: shortcuts in cybersecurity and privacy compliance will not be tolerated.

Federal employees and retirees should closely watch the outcome of this case, as it could shape the standards for protecting their personal data for years to come.

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