Full Breakdown
Federal Judge Finds OPM Violated Privacy Act by Sharing Data with Musk-Led DOGE
By Drooid · · How we work
Core Event
U.S. District Judge Denise Cote issued a 39-page ruling that the Office of Personnel Management (OPM) illegally disclosed personally identifiable information (PII) of tens of millions of federal employees, applicants and retirees to the Department of Government Efficiency (DOGE), a special advisory created by Elon Musk during the early months of President Donald Trump’s second term. The judge concluded that OPM breached the Privacy Act of 1974 and ignored its own cybersecurity protocols, offering no credible justification for granting DOGE access to employee records, background checks, medical files and banking information.
Background & Context
DOGE was launched in January 2025 with Musk’s backing, presenting itself as a watchdog to eliminate waste, fraud and abuse in federal operations. The agency claimed to have saved $215 billion by canceling contracts and reducing the federal workforce by roughly 300,000 positions. Critics, including a coalition of unions such as the AFL-CIO, sued DOGE and the Department of Labor in February 2025 over the advisory’s access to private data. Musk has argued that fragmented government databases create “the biggest vulnerability for fraud” and that reconciling them is essential for efficiency.
Data & Statistics
- Scope of data shared: OPM provided DOGE with PII covering “tens of millions” of federal employees, applicants and retirees.
- Workforce impact: Government Accountability Office data indicate a reduction of about 250,000 federal workers in 2025, linked to DOGE’s downsizing initiatives.
- Financial claims: DOGE asserted $215 billion in savings, while analysts note that associated firings, welfare losses and rehiring costs may have cost taxpayers $135 billion in the same year.
Official Statements & Responses
- Department of Justice (DOJ): In filings, the DOJ argued that DOGE agents required the data for “workforce modernization efforts,” a claim the judge found unsupported.
- OPM and DOJ: Both agencies declined to comment when contacted for this report.
- Labor unions: The AFL-CIO coalition’s lawsuit contends that DOGE’s data access threatens workers’ privacy and undermines safe technology modernization.
Verbatim Quotes
- “Live by the sword, die by the sword,” — Elon Musk
- “The defendants barely defend its legality, relying instead on what has happened since to argue that the case is moot and that prospective relief is unnecessary,” — Denise Cote, judge
- “These databases don’t talk to each other,” — Elon Musk
What’s Next
The ruling does not specify a remedial order, leaving the court’s next steps open. Lawmakers planning oversight hearings may seek further clarification on the extent of data shared and potential penalties for OPM. Ongoing congressional investigations into DOGE’s activities suggest additional scrutiny of Musk’s involvement and the advisory’s legacy.