Overview

• The 4th U.S. Circuit Court of Appeals in a 2-1 decision overturned a Maryland judge’s preliminary injunction and cleared DOGE personnel to retrieve data from Treasury, Education and OPM computer systems
• Judges Julius N. Richardson and G. Steven Agee found that the unions and veterans plaintiffs lacked standing and had not shown a likelihood of success on Privacy Act and APA claims
• The majority held that intra-agency sharing of records for efficiency work is permitted under the Privacy Act’s exceptions for employees with a “need to know”
• Judge Robert B. King dissented, warning that the ruling grants unprecedented access to millions of Americans’ Social Security numbers, tax, health and other personal records
• The case returns to the district court for further proceedings on the underlying privacy and procedural issues and may be appealed again