Federal Court orders Department of Education and Office of Personal Management to immediately stop sharing private data with DOGE affiliates
- February 24, 2025
On February 24, 2025, the United States District Court for the District of Maryland issued a temporary restraining order prohibiting the Department of Education (ED) and the Office of Personnel Management (OPM) from disclosing sensitive personal information to employees affiliated with the Department of Government Efficiency (DOGE).
“Today, the Court agreed with our claim that DOGE affiliates do not need to access Americans’ highly sensitive and private data to do their jobs. This ruling is an important step in protecting American’s right to privacy from people who may not have appropriate authority to access it and who may not be using it properly or with adequate safeguards,” said Kristy Parker, Counsel at Protect Democracy, who represents the plaintiffs.
The Court ruled that the claim from the plaintiffs — including military veterans and unions representing millions of veterans, teachers, scientists, engineers, federal employees — would likely be successful. The plaintiffs argue that ED and OPM violated the Privacy Act by granting DOGE affiliates unauthorized access to systems containing sensitive personal information including Social Security numbers, bank account information, health records, and other private data.
In the 33-page ruling, Judge Deborah L. Boardman wrote that “none of these workplace reform measures,” allegedly contemplated by the executive orders covering DOGE “appears to require” OPM and Department of Education employees “to access records with the sensitive personal information of current and formal federal employees” and that the government “never explains why” OPM and Department of Education personnel need this access to implement workplace reform measures.
The Court found that the plaintiffs would suffer irreparable harm without injunctive relief, noting that “this continuing, unauthorized disclosure of the plaintiffs’ sensitive personal information to DOGE affiliates is irreparable harm that money damages cannot rectify.”
“This is a significant decision that puts a firewall between actors who we believe lack the legitimacy and authority to access Americans’ personal data and who are using it inappropriately. We brought this case to uphold people’s privacy, because when people give their financial and other personal information to the federal government — namely to secure financial aid for their kids to go to college, or to get a student loan — they expect that data to be protected and used for the reasons it was intended, not appropriated for other means,” said Randi Weingarten, President of the American Federation of Teachers, a plaintiff in the case.
The temporary restraining order will remain in effect until March 10, 2025, and prevents:
- The Department of Education from disclosing personally identifiable information to any DOGE affiliates.
- The Office of Personnel Management from disclosing personally identifiable information to any OPM employee working principally on the DOGE agenda (with the exception of OPM Chief Information Officer Greg Hogan).
The Court denied the plaintiffs’ request for relief against the Treasury Department, noting that a previous injunction in another case already provides the plaintiffs protection against Treasury.
The complete ruling is available here.
Read more about this case.
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