PRESS RELEASE: Challenge to DOGE’s Unlawful Seizure of Payment System Data Advances

Court Rejects Government’s Request to Dismiss Case

WASHINGTON, D.C. — In an order denying the Trump-Vance administration’s motion to dismiss in Electronic Privacy Information Center v. Office of Personnel Management (OPM) et al, the U.S. District Court for the Eastern District of Virginia sided with the plaintiffs who are seeking to protect the privacy of millions of Americans whose personal information was divulged to the so-called Department of Government Efficiency (DOGE) by the U.S. Department of the Treasury’s Bureau of the Fiscal Service and U.S. Office of Personnel Management (OPM).

In a significant ruling for the case brought by Democracy Forward, The Kaplan Law Firm, and the Electronic Privacy Information Center (EPIC) on behalf of EPIC and an anonymous former federal employee, the court will require the government to defend its decision to grant DOGE access to sensitive databases containing the personal data of tens of millions of people, including nearly all federal employees and millions of members of the American public. 

“The court’s decision to allow this case to move forward is an important victory for transparency and privacy rights,” said EPIC President and Executive Director Alan Butler. “The federal government cannot simply hand DOGE the keys to Americans’ personal information and expect the courts to look the other way. EPIC will continue pushing for accountability and safeguards against the unlawful access of our most sensitive data.”

Treasury’s Bureau of the Fiscal Service administers numerous payment systems containing sensitive personal information—such as social security numbers, taxpayer ID numbers, information on children, and home addresses—from tens of millions of individuals. Though Treasury and OPM are the legal custodians of extraordinarily sensitive records, they neglected their legal responsibilities to safeguard the data and turned Americans’ personal information over to a network of outsiders with unlawful priorities without the required protections.  

As the complaint explains, DOGE illegally forced Treasury and OPM to disclose vast stores of personal information to unauthorized, untrained personnel. This included locking out civil servants, firing those who protested,  and seizing “full access” to the government’s critical payment systems, which contain the sensitive personal information of millions of Americans and disburse trillions of dollars every year.

“DOGE’s unlawful access to federal personal data systems went far beyond any legitimate government purpose and jeopardized the privacy and safety of millions of people,” said Robin Thurston, Legal Director at Democracy Forward. “The Trump-Vance administration violated numerous federal statutes restricting the handling and use of personal data. We will continue using every legal tool available to ensure that there is accountability for the American people.” 

Read the order here and more about the case here.

Please contact [email protected] with requests for further comment.

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ABOUT EPIC

The Electronic Privacy Information Center (EPIC) was established in 1994 to protect privacy, freedom of expression, and democratic values in the information age. Our mission is to secure the fundamental right to privacy in the digital age for all people through advocacy, research, and litigation.