Update on OPM Data Breach Lawsuit

United States Office of Personnel Management (OPM) logoNTEU continues to press its lawsuit against the Office of Personnel Management (OPM) over the data breaches that OPM announced last June. The lawsuit alleges that OPM violated NTEU members’ constitutional right to informational privacy by failing, despite warnings about security deficiencies from OPM’s own Inspector General, to protect members’ personal information from unauthorized access. Among other relief, NTEU’s lawsuit asks the court to order OPM to provide lifetime credit monitoring and identity theft protection for any NTEU member who received a notice concerning either of the breaches that OPM announced last June.

Image of digital padlocks over a digital data stream (cyber security)As NTEU expected, OPM filed a motion to dismiss its lawsuit. On July 27, NTEU filed a brief in opposition to OPM’s motion to dismiss. OPM will have the opportunity to file a reply brief in support of its motion by August 29.

A copy of NTEU’s brief and amended complaint is available on NTEU’s web site. The webpage also includes periodic updates on the lawsuit and frequently asked questions.

I will continue to keep you posted on this important litigation.