EFF Sues OPM, DOGE and Musk for Endangering the Privacy of Millions – EFF

NEW YORK—EFF and a coalition of privacy defenders led by Lex Lumina filed a lawsuit today asking a federal court to stop the U.S. Office of Personnel Management (OPM) from disclosing millions of Americans’ private, sensitive information to Elon Musk and his “Department of Government Efficiency” (DOGE).The complaint on behalf of two labor unions and individual current and former government workers across the country, filed in the U.S. District Court for the Southern District of New York, also asks that any data disclosed by OPM to DOGE so far be deleted.The complaint by EFF, Lex Lumina LLP, State Democracy Defenders Fund, and The Chandra Law Firm argues that OPM and OPM Acting Director Charles Ezell illegally disclosed personnel records to Musk’s DOGE in violation of the federal Privacy Act of 1974. Last week, a federal judge temporarily blocked DOGE from accessing a critical Treasury payment system under a similar lawsuit.This lawsuit’s plaintiffs are 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, an employee of the Brooklyn Veterans Affairs Medical Center; George Jones, President of AFGE Local 2094 and a former employee of VA New York Harbor Healthcare; Deborah Toussant, a former federal employee; and Does 1-100, representing additional current or former federal workers or contractors.As the federal government is the nation’s largest employer, the records held by OPM represent one of the largest collections of sensitive personal data in the country. In addition to personally identifiable information such as names, social security numbers, and demographic data, these records include work information like salaries and union activities; personal health records and information regarding life insurance and health benefits; financial information like death benefit designations and savings programs; and nondisclosure agreements; and information concerning family members and other third parties referenced in background checks and health records. OPM holds these records for tens of millions Americans, including current and former federal workers and those who have applied for federal jobs. OPM has a history of privacy violations—an OPM breach in 2015 exposed the personal information of 22.1 million people—and its recent actions make its systems less secure. With few exceptions, the Privacy Act limits the disclosure of federally maintained sensitive records on individuals without the consent of the individuals whose data is being shared. It protects all Americans from harms caused by government stockpiling of our personal data. This law was enacted in 1974, the last time Congress acted to limit the data collection and surveillance powers of an out-of-control President.“The Privacy Act makes it unlawful for OPM Defendants to hand over access to OPM’s millions of personnel records to DOGE Defendants, who lack a lawful and legitimate need for such access,” the complaint says. “No exception to the Privacy Act covers DOGE Defendants’ access to records held by OPM. OPM Defendants’ action granting DOGE Defendants full, continuing, and ongoing access to OPM’s systems and files for an unspecified period means that tens of millions of federal-government employees, retirees, contractors, job applicants, and impacted family members and other third parties have no assurance that their information will receive the protection that federal law affords.” For more than 30 years, EFF has been a fierce advocate for digital privacy rights. In that time, EFF has been at the forefront of exposing government surveillance and invasions of privacy—such as forcing the release of hundreds of pages of documents about domestic surveillance under the Patriot Act—and enforcing existing privacy laws to protect ordinary Americans—such as in its ongoing lawsuit against Sacramento’s public utility company for sharing customer data with police. For the complaint: https://www.eff.org/document/afge-v-opm-complaintFor more about the litigation: https://www.eff.org/deeplinks/2025/02/eff-sues-doge-and-office-personnel-management-halt-ransacking-federal-dataContacts:Electronic Frontier Foundation: press@eff.orgLex Lumina LLP: Managing Partner Rhett Millsaps, rhett@lex-lumina.comThe U.S. Office of Personnel Management (OPM) maintains databases of highly sensitive personal information about tens of millions of federal employees, retirees, and job applicants. Starting in January 2025, OPM disclosed data to the U.S. DOGE Service, led by Elon Musk. This disclosure violates the federal Privacy Act of 1974,…Most of the internet’s blessings—the opportunities for communities to connect despite physical borders and oppressive controls, the avenues to hold the powerful accountable without immediate censorship, the sharing of our hopes and frustrations with loved ones and strangers alike—tend to come at a price. Governments, corporations, and bad actors too…The Washington Post reported that the United Kingdom is demanding that Apple create an encryption backdoor to give the government access to end-to-end encrypted data in iCloud. Encryption is one of the best ways we have to reclaim our privacy and security in a digital world filled with cyberattacks…Paraguay’s five leading broadband service providers made some strides in making their privacy policies more accessible to the public, but continue to fall short in their commitments to transparency, due process in sharing metadata with authorities, and promoting human rights—all of which limits their user’s privacy rights, according to the…The European Commission was caught failing to comply with its own data protection regulations and, in a first, ordered to pay damages to a user for the violation. The €400 ($415) award may be tiny compared to fines levied against Big Tech by European authorities, but it’s still…We’re taking a moment to reflect on the 2024 state legislative session and what it means for the future of digital rights at the state level. Informed by insights from the State of State Technology Policy 2024 report by NYU’s Center on Technology Policy and EFF’s own advocacy…Late last year, Bumble finally rolled out its updated privacy policy after a coalition of twelve digital rights, LGBTQ+, human rights, and gender justice civil society organizations launched a campaign demanding stronger data protections.Unfortunately, the company, like other dating apps, has not moved far enough, and continues…Last week, EFF, along with the Criminal Defense Attorneys of Michigan, ACLU, and ACLU of Michigan, filed an amicus brief in People v. Carson in the Supreme Court of Michigan, challenging the constitutionality of the search warrant of Mr. Carson’s smart phone.In this case, Mr. Carson was arrested for…Back to topCheck out our 4-star rating on Charity Navigator.

Source: https://www.eff.org/press/releases/eff-sues-opm-doge-and-musk-endangering-privacy-millions