EFF sues Elon Musk and DOGE to block their access to federal employee data

The Electronic Frontier Foundation, along with multiple federal employee unions, have filed a lawsuit against Elon Musk and his Department of Government Efficiency (DOGE) team to block their access to sensitive and identifying information on millions of Americans. Specifically, the plaintiffs are looking to block them from being able to access data stored by the Office of Personnel Management (OPM) and to delete any information they’ve collected so far. The lawsuit also names OPM and Acting Director Charles Ezell as defendants.

In early February, Reuters reported that Musk’s aides locked OPM employees out of the agency’s systems. “We have no visibility into what they are doing with the computer and data systems,” one of its sources said back then. The OPM has the largest collection of employee data in the US and contains sensitive information on both past and current federal employees, as well as on job applicants for federal positions who applied through USAJobs.gov. As the EFF notes, the agency’s records contain federal employees’ names, birthdates, home addresses, social security numbers, work experience, union activities, salaries, performance reviews, demotions, life insurance, death benefits as well as classified information NDAs. The list even includes the first names and last name initials of CIA employees in highly sensitive roles.

In its announcement, the EFF explained that the mishandling of information in OPM’s systems could lead to “significant and varied abuses,” and that DOGE’s “unchecked access” on its own puts federal employees at risk of privacy violations and even political pressure and blackmail. The foundation also emphasized the risk federal employees are facing with DOGE’s access to unrestricted information and Musk’s ownership of X. It cited Musk’s old tweets naming specific government personnels whose jobs he would cut even before he had access to OPM’s database.

OPM violated the Privacy Act of 1974 when it gave DOGE “unrestricted, wholesale access” to its systems, the EFF said. Under the Privacy Act, the written consent of the individual whose data is being shared is required if government records are to be disclosed. Meanwhile, the plaintiffs are accusing Musk and his DOGE agents of exceeding “the scope of their legal authority” by controlling OPM’s systems, because it has resulted in the the unlawful disclosure of the their contents. “Our case is fairly simple: OPM’s data is extraordinarily sensitive, OPM gave it to DOGE, and this violates the Privacy Act,” the EFF wrote. “We are asking the court to block any further data sharing and to demand that DOGE immediately destroy any and all copies of downloaded material.” Last week, a federal judge blocked Musk and DOGE from accessing Treasury Department information and ordered them to destroy any data they’ve already collected.