EPIC v. OPM (Information Security Violations) – EPIC – Electronic Privacy Information Center
webThis FOIA lawsuit concerns DOGE's unauthorized access to federal employee data systems at OPM, raising governance and oversight concerns relevant to AI safety insofar as DOGE uses AI tools and the case involves accountability for automated/AI-assisted government data access.
Metadata
Summary
EPIC filed a FOIA lawsuit against the Office of Personnel Management in February 2025 to compel disclosure of records related to DOGE's alleged unlawful access to OPM data systems containing personal information of millions of federal workers. The case centers on OPM's failure to comply with federal information security laws (FISMA) when installing a government-wide email system and its non-response to EPIC's expedited FOIA requests. OPM reportedly fired its FOIA staff and failed to meet statutory response deadlines.
Key Points
- •DOGE operatives allegedly accessed OPM systems containing personal data of millions of federal workers without proper security clearances or FISMA compliance.
- •OPM installed a Government-Wide Email System (GWES) without required security assessments or authorization to operate, violating FISMA.
- •OPM's former CIO was reportedly replaced for refusing to install the GWES, and FOIA staff were fired in February 2025.
- •EPIC filed suit on February 28, 2025 after OPM failed to respond to FOIA requests within statutory deadlines.
- •The case highlights risks of unaccountable access to sensitive government databases by politically-connected actors.
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EPIC v. OPM (Information Security Violations) – EPIC – Electronic Privacy Information Center
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FOIA Cases
EPIC v. OPM (Information Security Violations)
Case No. 25-597 (2025)
US District Court for the District of Columbia
DOWNLOAD EPIC v. OPM - FOIA Complaint pdf 2.8MB
Contents
Contents
Background
EPIC's FOIA Requests
EPIC's Interest
FOIA Documents
Legal Documents
Background
The Office of Personnel Management (“OPM”) is the federal government’s human resources agency and personnel policy manager responsible for evaluating, adopting, and administering workforce policies, programs, and benefits. Although OPM usually remains in the background, the Trump Administration, Elon Musk, and the so-called “Department of Government Efficiency” (“DOGE”) have pushed the agency into the public eye with their unlawful access of OPM data systems that contain the personal information of millions of potential, current, and former federal workers.
On January 23, 2025, OPM began operating the Government-Wide Email System (“GWES”). This server has been used by the associates of Elon Musk and DOGE to simultaneously contact all federal employees. Because GWES is an information system, OPM had to comply with the information security practices detailed in the Federal Information Security Management Act (“FISMA”) before installing and operating GWES. This includes publishing security assessment reports and obtaining an authorization to operate the system.
On January 27, 2025, an anonymous federal worker alleged that OPM’s leadership was sending broad requests to other federal agencies in an attempt to collect information on federal workers. According to this employee, OPM directed agencies to send this information to a brand new OPM employee (formerly employed by Elon Musk) who was not properly cleared by OPM personnel security. The anonymous employee also alleged that OPM’s former Chief Information Officer, Melvin Brown, was replaced for refusing to install the GWES.
EPIC’s FOIA Requests
Responding to recent events, EPIC submitted two Freedom of Information Act (“FOIA”) requests to OPM seeking records that will shed light on OPM’s practices regarding information security and federal worker privacy.
EPIC’s first FOIA request sought email records of two OPM employees: Acting Director Charles Ezell and former Chief Information Officer Melvin Brown. EPIC’s second FOIA request sought records of access requests to OPM databases and IT systems as well as the security assessment report that OPM should have created before
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