Following a severe data breach of the Office of Personnel Management’s cybersecurity that affected millions of current and former federal employees, workers and their unions filed a class action lawsuit against the OPM. The consolidated lawsuits allege gross negligence and a violation of constitutional rights to informational privacy.
The United States District Court for the District of Columbia dismissed the case on September 19, 2017.
On October 12, 2017, the employees appealed the dismissal to the United States Court of Appeals for the D.C Circuit. Oral arguments were held in early November before a panel of three judges of the D.C. Circuit.
Some of the comments from the circuit judges indicate that the court of appeals may be reversing the dismissal and remanding the case back to the district court to proceed on the merits.
The district court decision dismissing the lawsuit was primarily based on three factors, the first of which was the issue of “standing.”