NTEU presented oral argument today in the D.C. Circuit in the Office of Personnel Management (OPM) data breach litigation. As you will recall, NTEU filed suit against OPM in July 2015, on the heels of the agency’s announcements of the sweeping data breaches that it suffered. As NTEU has argued in the years since those announcements, by recklessly disregarding the urgent warnings of its own Inspector General, OPM facilitated those breaches. In doing so, it violated NTEU members’ constitutional right to informational privacy.
At the D.C. Circuit today, NTEU argued that the federal district court erred when it dismissed NTEU’s action last year. That dismissal was based on the district court’s incorrect view that NTEU did not have the right to sue OPM and its improper rejection of NTEU’s argument that its members’ constitutional rights had been violated. NTEU’s arguments were heard by Judges Tatel, Millett, and Williams.
I will update you when the D.C. Circuit rules upon our arguments, which we expect will occur by the spring of 2019. Periodic updates are also available at https://www.nteu.org/lawsuit-faqs.