DOJ Again Asserts DOGE, OPM Privacy Case is Moot
In the latest iteration of court documents calling for dismissal of the case against the Department of Government Efficiency (DOGE) for improperly accessing sensitive information at the Office of Personnel Management (OPM), DOJ doubled down on its claim Wednesday that the case is moot.
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Since the beginning of case 1:25-cv-01237, OPM has “removed the access of all ‘DOGE Agents’ to Plaintiffs’ PII in OPM data systems,” as well as “formalized its permanent access control protocols” with the court’s concerns taken into account, DOJ said. “These events have mooted this case, and no exception to mootness applies.”
The federal government further alleged that the plaintiffs in the case -- American Federation of Government Employees and others -- “have received all the relief they are due,” and their insistence that the U.S. District Court for Southern New York “can order the wide-ranging injunctive relief they seek is incorrect.”
The Federation and other plaintiffs initially filed their suit against OPM in February, alleging DOGE agents accessed sensitive personal data in OPM systems without proper training, in violation of the Privacy Act of 1974 (see 2503170044). In June, Judge Denise Cote granted an injunction against OPM (see 2506090043) and further required the government to submit proof that DOGE employees complied with proper security training in accordance with the Privacy Act of 1974 (see 2506230052).
Despite this, the plaintiffs argued as recently as Monday that the case remains relevant and should continue (see 2512150039). DOJ has called for the case to be dropped for lack of relevancy (see 2512080033).