“OPM Defendants gave DOGE Defendants and DOGE’s agents — many of whom are under the age of 25 and are or were until recently employees of Musk’s private companies — ‘administrative’ access to OPM computer systems, without undergoing any normal, rigorous national-security vetting,” as the lawsuit reads.
Elon Musk, DOGE, OPM, and Charles Ezell, the current OPM director as its main defendants. The lawsuit mentions that DOGE receiving OPM violates the Privacy Act. The Privacy Act mentions doesn’t allow improper access to personal data, those also including federal agencies.
“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,” mentions the complaint, also adding “No exception to the Privacy Act covers DOGE Defendants’ access to records held by OPM.”.
In the lawsuit, it is also alleged that DOGE’s agents were not government employees at the time when they received access to OPM computer networks. In the lawsuit, it is also alleged that the access that DOGE had to the federal worker data could also trigger harmful professional consequences for them. Even more so President Trump and Elon Musk have already threatened to fire those who were viewed as disloyal. The disclosure of financial data also means that workers are exposed to hacking.
This lawsuit also comes with the purpose of getting an injunction that can cut off the access, yet, this is still just “phase one” before going further with a classic class action lawsuit, according to Mark Lemley.