Appeals panel clears way for DOGE access to sensitive personal data at OPM, Education Department

A federal appeals panel on Monday paused an order curtailing the Department of Government Efficiency's (DOGE) access to troves of sensitive personal data from three federal agencies, reopening the floodgates for the cost-cutting advisory board.

In a 2-1 decision, a panel of judges on the U.S. Court of Appeals for the 4th Circuit agreed to stay a Maryland federal judge's order barring the Department of Education, the Office of Personnel Management (OPM) and the Treasury Department from disclosing the personal identifying information of roughly 2 million Americans to DOGE while the Trump administration appeals.

Though the Treasury Department is included in the decision, a different court's injunction covers data there and remains in effect for now.

"The district court misread our precedent in requiring nothing more than abstract access to personal information to establish a concrete injury," Judge G. Steven Agee wrote in the majority opinion. "The Government has thus met its burden of a strong showing that it is likely to succeed on the merits of their appeal."

Oral arguments on the merits have been scheduled for May 5.

Six Americans and five union organizations — altogether representing about 2 million people — sued the agencies over DOGE's access to personally identifying information stored within systems the advisory board tapped into. The information was provided to the government through means like collecting veterans benefits, applying for student loans and working as federal employees.

U.S. District Judge Deborah Boardman granted their request for a preliminary injunction, which stopped in its tracks DOGE's access to the data. She ruled that the Privacy Act of 1974 was put in place to prevent the unauthorized disclosure of the personal information the government collects, citing Congress's concern then that a single bureaucrat or institution could retrieve "every detail of our personal lives" in an instant.

In his dissenting opinion, Judge Robert King said that at stake is "some of the most sensitive personal information imaginable," from Social Security numbers and income and tax records to physical and mental health histories and family details.

"Permitting DOGE unfettered access to the plaintiffs’ personally identifiable information lets the proverbial genie out of the bottle," King wrote. "Even if they ultimately prevail, the plaintiffs will already have suffered irreparable harm."

His dissent was joined in spirit by five other 4th Circuit judges who said they would have had the full court consider the administration's request for a stay. The court split 8-7 on whether the entire court should weigh the request.

The lawsuit is one of more than a dozen pending cases challenging DOGE’s structure or access to various federal agencies. Though billionaire tech mogul Elon Musk is said to be leading its sweeping cost-cutting efforts, the White House has maintained that he is not technically part of DOGE, instead serving as a senior adviser to the president.