BALTIMORE — On Monday, a federal appeals court decided in favor of the Trump administration, allowing Elon Musk’s Department of Government Efficiency (DOGE) to regain access to private data held by three federal agencies. This decision is a pivotal moment in an ongoing lawsuit as it continues.
The ruling by the three-judge panel overturned a previous decision from a lower court that had temporarily stopped DOGE from accessing data at the Education Department, the Treasury Department, and the Office of Personnel Management. Last month, U.S. District Judge Deborah Boardman issued a preliminary injunction in Baltimore, arguing that the government had not sufficiently explained why DOGE required access to the information for its duties.
The plaintiffs, including the American Federation of Teachers, claim that the Trump administration breached federal privacy laws by allowing DOGE to access systems containing personal information for millions of Americans without their consent. Sensitive details such as income, asset information, Social Security numbers, birth dates, home addresses, and marital and citizenship status were allegedly involved.
The Trump administration maintains that DOGE aims to tackle waste within the federal government by addressing issues of fraud and modernizing technology. Previously, the 4th U.S. Circuit Court of Appeals has aligned with the Trump administration in other related cases, permitting DOGE to access data from the U.S. Agency for International Development and progress on executive orders concerning diversity, equity, and inclusion initiatives. However, DOGE’s access to the Social Security Administration, holding considerable personal information, remains temporarily blocked.
Judge G. Steven Agee of the 4th U.S. Circuit Court of Appeals stated that Judge Boardman’s ruling misinterpreted legal precedents by equating mere access to personal information with a tangible injury. Therefore, Agee concluded that the government showed a high likelihood of success on appeal. Agee, appointed by Republican President George W. Bush, was supported by Judge Julius Richardson, a Trump nominee in 2018. Together, they agreed to lift the preliminary injunction as the lawsuit unfolds.
In a concurring view, Richardson remarked on the potential requirement of administrator-level access for modernizing an agency’s software and IT systems. Meanwhile, Judge Robert King dissented, expressing agreement with the district court’s original decision. Appointed by Democratic President Bill Clinton, King sought a review by a larger panel of all 4th Circuit judges, but his request was denied.
The lawsuit accuses the Trump administration of utilizing sensitive data beyond its intended scope, contravening the Privacy Act. According to the suit, instead of supporting federal student loan operations, DOGE allegedly accessed loan data to undermine the Education Department.
The American Federation of Teachers, representing approximately 1.8 million individuals in sectors such as education, healthcare, and government, is at the forefront of this lawsuit. Joining them are six individuals with personal details in federal systems, including military veterans with federal student loans and benefit payments. Supporting the lawsuit are the National Active and Retired Federal Employees Association and the International Association of Machinists and Aerospace Workers.