Court Intervenes in Personnel Investigation Matter

A Federal appeals court reportedly has agreed to hear a case brought against the Government by 28 NASA scientists who claim that new background investigations are intrusive invasions of privacy.

‘This court has recognized the right to informational privacy,’ three circuit court judges wrote in granting the injunction. ‘To justify actions infringing upon the right, the government must show that its use of the information would advance a legitimate state interest and that its actions are narrowly tailored to meet that interest.’

The court said it issued in the injuction in part because the scientists were scheduled to lose their jobs before their case could be tried.

The court’s unusual intervention in a security clearance matter was further illustrated by its observation that:

...the [Government’s] need for the information is questionable in general, ‘given the absence of any apparent relationship between its collection and the production of reliable identification cards for these employees.’

Filed Under: Laws & Regulations, Adverse Actions