A federal judge has rejected a request from the United States government to dismiss a lawsuit for violation of the Privacy Act, filed by two public employee unions. This decision comes after the disclosure of sensitive information affecting tens of millions of federal employees, retirees, and job applicants, information that was released to the “Department of Government Efficiency” (DOGE), an entity connected to Elon Musk. The disclosure of this data is considered a clear violation of the Privacy Act, which sets strict limits on the government’s use of citizens’ personal information.
The plaintiff unions, represented by the American Federation of Government Employees (AFGE) and the Association of Administrative Law Judges (AALJ), have claimed that the disclosed information includes social security numbers, medical history, financial information, and data about employees’ family members. In its ruling, the court emphasized that the plaintiffs had demonstrated “concrete harm” resulting from this disclosure, granting them “standing” to proceed with their lawsuit.
During the hearing, the court considered the damages claimed and concluded that the data disclosures had “highly offensively” affected the privacy of the plaintiffs. Additionally, the court warned about the significant risk posed by unauthorized access to this information, which could increase their vulnerability to hacking and identity theft.
The judge also dismissed the government’s argument that the plaintiffs could not claim harm without proving that DOGE agents had effectively used the information. The court determined that the mere exposure of personal information to unauthorized third parties constitutes, in itself, sufficient harm under the Privacy Act.
With this ruling, the plaintiffs can proceed with their allegations of Privacy Act violations, both for the improper disclosure of information and for the lack of adequate protection. Furthermore, the court approved additional claims against the government for acting in a “arbitrary and capricious” manner, finding that the incorporation process of DOGE agents was rushed and did not comply with proper security measures.
This judicial pronouncement represents a significant advancement in the defense of personal data, at a time of growing concern about how the government manages citizens’ sensitive information. In this context, the discussion on privacy protection intensifies, especially considering that the Privacy Act was established in 1974 to restore public trust after scandals like Watergate. The recent data disclosure by DOGE could be seen as one of the most serious violations of this law, highlighting the urgent need to protect privacy in an increasingly digital age.
Source: MiMub in Spanish
