The Electronic Frontier Foundation (EFF), alongside a coalition of privacy advocates led by Lex Lumina, has initiated legal action against the U.S. Office of Personnel Management (OPM) and Elon Musk's "Department of Government Efficiency" (DOGE). The lawsuit seeks to prevent the disclosure of sensitive personal information belonging to millions of Americans.
Filed in the U.S. District Court for the Southern District of New York, the complaint represents two labor unions and individual current and former government employees across the nation. It demands that any data already shared with DOGE be erased.
The EFF, along with Lex Lumina LLP, State Democracy Defenders Fund, and The Chandra Law Firm, argues that OPM and its Acting Director Charles Ezell violated the federal Privacy Act of 1974 by disclosing personnel records to DOGE. A similar case last week led a federal judge to temporarily block DOGE from accessing a Treasury payment system.
Plaintiffs include the American Federation of Government Employees AFL-CIO; the Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1 AFL-CIO; Vanessa Barrow from Brooklyn Veterans Affairs Medical Center; George Jones, President of AFGE Local 2094; Deborah Toussant, a former federal employee; and others represented as Does 1-100.
The federal government is one of the largest employers in the country, making OPM's collection one of America's most extensive databases containing sensitive personal information. This includes personally identifiable information such as names and social security numbers, work-related details like salaries and union activities, health records, financial data including life insurance benefits, nondisclosure agreements, and information about family members involved in background checks.
The Privacy Act restricts sharing federally maintained sensitive records without consent unless exceptions apply. It aims to protect individuals from potential harms arising from government data collection practices. Enacted in 1974 amid concerns over governmental surveillance powers, it remains a crucial safeguard for privacy rights today.
“The Privacy Act makes it unlawful for OPM Defendants to hand over access to OPM’s millions of personnel records to DOGE Defendants," states the complaint. "No exception to the Privacy Act covers DOGE Defendants’ access to records held by OPM."
EFF has been advocating for digital privacy rights for over three decades. Its efforts include exposing government surveillance practices under laws like the Patriot Act and enforcing existing privacy regulations through lawsuits aimed at protecting ordinary citizens' rights.
For more details on this case or related litigation matters:
Complaint: [EFF Document](https://www.eff.org/document/afge-v-opm-complaint)
Further Information: [EFF Deeplinks](https://www.eff.org/deeplinks/2025/02/eff-sues-doge-and-office-personnel-management-halt-ransacking-federal-data)
Contact Information:
Electronic Frontier Foundation: press@eff.org
Lex Lumina LLP: Managing Partner Rhett Millsaps at rhett@lex-lumina.com
