The Fourth U.S. Circuit panel reversed an injunction sealing off personal records in the Education Department and the Office of Personnel Management.
A divided federal appeals court panel on April 7 ruled that the Department of Government Efficiency (DOGE) can access records in two federal agencies, reversing a lower court order.
In a 2–1 opinion, the U.S. Court of Appeals for the Fourth Circuit panel lifted the injunction imposed by U.S. District Judge Deborah Boardman in Maryland that barred DOGE from accessing personal records in the Education Department and the Office of Personnel Management (OPM).
The Virginia-based appeals court also voted 8–7 against taking up the issue “en banc,” in which all judges on the court would decide.
Boardman’s order in March also restricted DOGE’s access to the Treasury Department. An injunction issued by another district judge in New York that blocked the organization’s access to Treasury data remains in effect.
Groups including the American Federation of Teachers sued to prevent DOGE personnel from reviewing data such as Social Security numbers, birth dates, addresses, income, citizenship status, and student loans for millions of Americans. They argued that DOGE’s access would violate federal laws including the Privacy Act of 1974.
On March 24, Boardman ruled that DOGE could not access data within the three agencies and barred agency officials from handing over any personal identifying information to DOGE.
“Enacted 50 years ago, the Privacy Act protects from unauthorized disclosure the massive amounts of personal information that the federal government collects from large swaths of the public,” Boardman wrote.
“Those concerns are just as salient today. No matter how important or urgent the President’s DOGE agenda may be, federal agencies must execute it in accordance with the law. That likely did not happen in this case.”
Individuals affiliated with DOGE were given access to systems that contain personal information, including Social Security numbers, banking information, home addresses, dates of birth, and other data such as citizenship and marital status, according to Boardman’s order.
The Department of Justice (DOJ), arguing on behalf of DOGE and the sued agencies, said that the plaintiffs lack standing to file a lawsuit and are not likely to succeed on the merits of their legal challenge.
