NASA v. Nelson
Issues
Does the federal government violate a contract employee’s right to informational privacy by requiring the employee to disclose history of illegal drug use and any drug-related counseling received in the previous year or by asking references to supply any adverse information that they may have about the employee when the responses to these questions are used only for employment purposes?
Twenty-eight federal contractors working at the Jet Propulsion Laboratory at the California Institute of Technology sued the National Aeronautics and Space Administration, alleging that NASA’s requirement that employees undergo a National Agency Check with Inquiries investigation violated their right to informational privacy. The contractors specifically alleged that the information sought was overly broad and unrelated to their abilities as employees. The government claimed that the information requested was relevant to the government’s security concerns and that safeguards helped ensure that the information collected was not susceptible to public disclosure. The Ninth Circuit issued a preliminary injunction, finding that the government’s inquiries were not sufficiently tailored to a legitimate government interest. The Supreme Court’s decision will reflect its view on the correct balance between the interest of the government, as an employer, in preventing security risks, and the interest of individuals in protecting personal information.
Questions as Framed for the Court by the Parties
1. Whether the government violates a federal contract employee's constitutional right to informational privacy when it asks in the course of a background investigation whether the employee has received counseling or treatment for illegal drug use that has occurred within the past year, and the employee's response is used only for employment purposes and is protected under the Privacy Act, 5 U.S.C. 552a.
2. Whether the government violates a federal contract employee's constitutional right to informational privacy when it asks the employee's designated references for any adverse information that may have a bearing on the employee's suitability for employment at a federal facility, the reference's response is used only for employment purposes, and the information obtained is protected under the Privacy Act, 5 U.S.C. 552a.
The National Aeronautics and Space Administration (“NASA”) owns the Jet Propulsion Laboratory (“JPL”), a space exploration and research facility. See Brief for Petitioners, National Aeronautics and Space Administration, et al. at 2–3.
Edited by
Additional Resources
- Concurring Opinions, Daniel Solove: NASA v. Nelson: Is There a Constitutional Right to Informational Privacy?
- LexisNexis Emerging Issues Analysis: Labor & Employment on NASA v. Nelson