“The Privacy Act [of 1974] makes it unlawful for OPM Defendants to hand over access to OPM’s millions of personnel records to DOGE Defendants, who lack a lawful and legitimate need for such access,” the lawsuit said. “No exception to the Privacy Act covers DOGE Defendants’ access to records held by OPM. OPM Defendants’ action granting DOGE Defendants full, continuing, and ongoing access to OPM’s systems and files for an unspecified period means that tens of millions of federal-government employees, retirees, contractors, job applicants, and impacted family members and other third parties have no assurance that their information will receive the protection that federal law affords.”

The lawsuit names Musk as a defendant “in his capacity as director of the US Doge Temporary Service,” which was created by President Trump and has a mandate lasting until July 4, 2026. The temporary organization is separate from the US DOGE Service, which used to be called the US Digital Service. DOGE, of course, is a reference to the popular meme involving a Shiba Inu and in the government context stands for the Department of Government Efficiency.