Judge bars DOGE access to sensitive personal information at 3 federal agencies

The U.S. Department of Education, Office of Personnel Management and Treasury Department were temporarily barred by a federal judge on Monday from disclosing the “personally identifiable information” of a lawsuit’s plaintiffs and organization members to Elon Musk’s U.S. DOGE Service.

U.S. District Judge Deborah Boardman, who issued the preliminary injunction, wrote in her opinion that “no matter how important or urgent the President’s DOGE agenda may be, federal agencies must execute it in accordance with the law” and “that likely did not happen in this case.”

The Maryland federal judge had earlier issued a temporary restraining order in the case, though she declined to include the Treasury Department in that due to a federal judge in New York granting a preliminary injunction that blocked DOGE from accessing that department’s payment systems.

DOGE access

The American Federation of Teachers, as well as a group of labor unions, membership organizations and several U.S. military veterans, filed a lawsuit in February over allegations that the three government entities gave the Department of Government Efficiency access to systems with sensitive and private data, in violation of the Privacy Act.

According to the Justice Department, the 1974 law “establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies.” 

The Department of Government Efficiency — which is not an actual department — has sought to drastically reduce federal government spending and go after what its staffers see as waste.

“The plaintiffs have shown that Education, OPM, and Treasury likely violated the APA by granting DOGE affiliates sweeping access to their sensitive personal information in defiance of the Privacy Act,” Boardman wrote in her opinion.

She asked both parties to submit a joint status report by close of business on March 31 after meeting to discuss “whether the government intends to file a notice of appeal or whether the Court should enter a scheduling order.”

‘Running roughshod’

Randi Weingarten, president of the American Federation of Teachers, said “Musk’s operatives have been running roughshod over Americans’ privacy, and today the court correctly decided to uphold the firewall between their activities and the personal data of tens of millions of people” in a Monday statement.

Weingarten, who leads one of the country’s largest teachers unions, added that “Musk and DOGE must be held to account, and this preliminary injunction is a significant and important step forward.”

Meanwhile, the Education Department continues to see drastic changes.

Last week, President Donald Trump directed Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure” of the department to the maximum extent that is legally permissible.

The agency also announced that it would be cutting more than 1,300 employees through a “reduction in force” process.

“Waste, fraud, and abuse have been deeply entrenched in our broken system for far too long. It takes direct access to the system to identify and fix it,” Harrison Fields, White House principal deputy press secretary, said in a statement to States Newsroom.

“DOGE will continue to shine a light on the fraud they uncover as the American people deserve to know what their government has been spending their hard earned tax dollars on,” Fields said.