Fortune reports that Judge Denise Cote found no credible reason for the Department of Government Efficiency to need sensitive records on tens of millions of people. The case still awaits a final remedy.
The US Office of Personnel Management (OPM) violated the Privacy Act of 1974 by sharing sensitive personnel records with the Department of Government Efficiency (DOGE), Judge Denise Cote ruled, according to Fortune’s October 22 report. The information concerned tens of millions of federal employees, job applicants and retirees.
Elon Musk assembled DOGE as a special advisory group with the stated aim of rooting out waste, fraud and abuse in the federal government. The dispute concerns whether that work justified access to sensitive information held by the personnel agency.
The Privacy Act prohibits disclosure of certain records and sets requirements for safeguarding others. In her 39-page ruling, Cote found that OPM violated the law and failed to follow its own cybersecurity practices, Fortune reported.
The US Department of Justice, representing OPM, had argued in court filings that DOGE agents needed the data for workforce modernization. The information included employee records, background checks, medical files and banking information.
Cote found no credible explanation connecting DOGE agents' responsibilities to their need for information identifying individuals. She also said earlier government modernization initiatives had not required access to such information, according to Fortune.
The government argued that the lawsuit was moot—meaning there was no longer a live dispute requiring a court decision—because DOGE was no longer a centralized entity. Cote rejected that argument, Fortune reported.
OPM and the Justice Department did not respond to Fortune’s requests for comment. Cote issued no final remedy, leaving unresolved what relief the court will order following its finding that the disclosure was unlawful.
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