Clinton-Nominated Judge Says DOGE Illegally Accessed Data On Government Workers

Authored by Zachary Stieber via The Epoch Times,

A federal judge ruled on Oct. 20 that a department aimed at making the government more efficient should not have been granted access to sensitive federal employee data.

Granting Department of Governmental Efficiency (DOGE) personnel access to government employee data contained in Office of Personnel Management systems violated the Privacy Act, which bars certain record disclosures and requires safeguards when disclosing other records, U.S. District Judge Denise Cote said in a 39-page ruling that granted plaintiffs final judgment.

“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,” wrote Cote, a judge for the U.S. District Court for the Southern District of New York.

Department of Justice lawyers had argued in court filings that DOGE agents needed access to the records as part of an effort to modernize government systems. The government did not explain why the modernization efforts required access to the sensitive records containing personally identifiable information, according to Cote.

Lawyers had also said that the agents were granted access in case they needed the data later, but the government has never linked the access to any of the agents’ duties, the ruling stated.

The Department of Justice did not respond to a request for comment by publication time.

President Donald Trump established DOGE shortly after taking office in 2025, and DOGE employees worked with various agencies to streamline operations.

Cote in June 2025 entered a preliminary injunction blocking the department from accessing federal employee records as the case proceeded, finding violations of the Privacy Act.

Professional groups, including the Association of Administrative Law Judges, brought the case and said DOGE’s disclosure of employee personal data was illegal.

Twenty DOGE employees received access to Office of Personnel Management (OPM) systems from Jan. 20, 2025, to March 6, 2025, according to court documents. Some worked for OPM, but others received paychecks from other agencies.

Certain DOGE personnel had access to the systems through September 2025.

Only one of the agents remains at the office, according to the government, and he does not have access to systems containing personal employee data. DOGE itself shut down in July 2026.

The Office of Personnel Management has updated its disclosure policies, including specifying that only office employees and contractors, not detailees, can access those systems.

Cote said the updates were admirable but seemed to track with deadlines in the litigation. She also said the case was about misconduct stemming from “the failure of particular individuals,” not deficient procedures.

Cote said it’s unclear whether any relief is necessary at this juncture, given the developments surrounding DOGE and the office. She said she would be asking the parties to offer views on what relief, if any, is appropriate.

“In the meantime, the parties are encouraged to confer and explore whether they can reach an agreement on an appropriate resolution,” she said.