In a decision sparking fresh privacy concerns, the U.S. Court of Appeals for the 4th Circuit has ruled that the Department of Government Efficiency (DOGE) can access sensitive federal data belonging to millions of Americans. The ruling overturns a temporary injunction issued earlier this year that had blocked DOGE’s access to the data.
The 2-1 decision found that unions and individual plaintiffs who sought to stop DOGE’s data access were unlikely to succeed on the merits of their claims that the move violated federal privacy laws.
Judges Say Plaintiffs Unlikely to Win
Writing for the majority, Judge Julius N. Richardson, a Trump appointee, argued that the lower court miscalculated the likelihood of plaintiffs winning the case:
“Adding ‘likelihood’ to the merits analysis creates a probabilistic structure that stacks the deck against a plaintiff who must prevail on multiple independent issues to prevail overall,” Richardson wrote.
He further noted:
“The district court failed to account for this structure… So, we vacate the district court’s grant of a preliminary injunction and remand for further proceedings.”
Joining Richardson in the majority was Judge G. Steven Agee, appointed by President George W. Bush. The dissent came from Judge Robert B. King, appointed by President Bill Clinton, who sharply disagreed with the reversal.
Background: How We Got Here
In March 2025, U.S. District Judge Deborah Boardman blocked DOGE from accessing large datasets held by the Treasury Department, Office of Personnel Management (OPM), and Department of Education. These datasets reportedly contained personal information on roughly 2 million individuals.
The lawsuit — filed by five major unions, including the National Federation of Federal Employees and the American Federation of Teachers, alongside six individual plaintiffs — claimed DOGE’s access violated the Privacy Act and other federal protections.
However, in April 2025, the 4th Circuit temporarily paused Boardman’s ruling while considering the appeal — a move that foreshadowed this week’s decision.
The Privacy Act and the “Need-to-Know” Exception
The central legal fight revolves around whether DOGE’s access falls under the Privacy Act’s “need-to-know” exception, which allows government agencies to share personally identifiable information with other agencies if it is deemed necessary for official duties.
Judge King, in his dissent, argued that the lower court was correct in its original reasoning:
“The district court separately assessed the plaintiffs’ likelihood of success on the contested merits issues… including whether the Privacy Act’s need-to-know exception renders lawful the disclosure of personally identifiable information to DOGE.”
Privacy advocates warn that the “need-to-know” clause has historically been interpreted broadly, potentially giving agencies far-reaching authority over citizens’ personal data with limited oversight.
Why This Matters for Americans Concerned About Data Privacy
While the case is not over — the 4th Circuit remanded it for further proceedings — this ruling opens the door for DOGE to resume pulling sensitive information from federal databases at the Treasury, OPM, and Department of Education.
For those already skeptical of government surveillance and data collection, the ruling raises pressing questions:
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How secure is this data once accessed?
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Could the information be shared beyond its intended scope?
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What safeguards exist to prevent misuse or breaches?
With federal agencies increasingly leveraging personal data for efficiency and fraud detection programs, critics fear this decision could set a precedent expanding government access far beyond its original intent.
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Author: Sean Probber
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