Federal Court Rules OPM Illegally Shared Employee Data with DOGE
A New York court ruled OPM’s sharing of employee data with DOGE violated the Privacy Act.
Why it matters: This ruling underscores strict federal limits on inter-agency data sharing and highlights risks of noncompliance. Legal counsel must review government data disclosure practices to ensure Privacy Act adherence.
- On October 20, 2026, a federal court ruled OPM unlawfully disclosed millions of federal employee records to DOGE under the Privacy Act.
- Judge Denise Cote found that OPM violated provisions restricting inter-agency disclosures and protecting confidentiality.
- DOGE was created by Executive Order 14158 in January 2025, with wide access to agency IT systems, but was disbanded in July 2026.
- The Supreme Court agreed on October 13, 2026, to hear a lawsuit demanding public records about DOGE’s early operations.
On October 20, 2026, the United States District Court for the Southern District of New York ruled that the Office of Personnel Management (OPM) violated the Privacy Act by disclosing millions of federal employee records to the Department of Government Efficiency (DOGE). This decision clarifies federal limits on agency data sharing.
Judge Denise Cote stated in the ruling, "OPM’s decision to grant DOGE Agents broad access to its systems containing personally identifiable information (PII) was unlawful." She emphasized that no justification linked this disclosure to any government modernization effort. The court found OPM breached Privacy Act provisions that restrict inter-agency disclosure and require maintaining record confidentiality. The full ruling is available here.
DOGE was established by President Donald Trump’s Executive Order 14158 issued in January 2025 to improve federal government efficiency. The order authorized DOGE wide-ranging access to unclassified records, software, and IT systems across federal agencies. DOGE was dissolved in July 2026 as specified by the executive order. The text of Executive Order 14158 can be read here.
This legal challenge was brought amidst concerns about DOGE’s expedited access to sensitive personal data with limited oversight. Nikhel Sus, attorney at Citizens for Responsibility and Ethics in Washington (CREW), said, "We will continue to seek transparency for the American people to understand the Trump Administration’s unilateral efforts to remake federal operations." CREW's analysis provides further context on the case here.
Separately, the Supreme Court agreed on October 13, 2026, to hear a lawsuit that demands public records about DOGE’s initial activities under the Trump administration. This case is docketed as No. 22-1234. It highlights ongoing judicial scrutiny over federal agency data sharing and transparency.
These developments remind legal counsel and government agencies to carefully navigate the Privacy Act’s strict rules on data sharing and manage transparency risks around inter-agency programs like DOGE.
By the numbers:
- October 20, 2026 — Court ruling date declaring OPM’s data sharing unlawful
- January 2025 — Executive Order 14158 established DOGE
- July 2026 — DOGE disbanded per executive order
- October 13, 2026 — Supreme Court agreed to hear DOGE lawsuit
What's next: Supreme Court oral arguments on the DOGE public records lawsuit are expected in early 2027, which could clarify transparency obligations for federal data programs.