News
JPL privacy case is not yet resolved
The 28 Jet Propulsion Laboratory/Caltech employees who in August
brought a lawsuit against NASA/JPL for newly required background checks
were in U.S. Court of Appeals last week in Pasadena but did not see the
case resolved.
“We had oral argument with the Ninth Circuit Court,”
said Virginia Keeny, attorney for the JPL employees. “They did not offer
an opinion.”
Keeny added she was not certain when the panel of three judges would
hand down an opinion but that it might be in the new year.
Earlier
this year, NASA/JPL implemented new background checks that employees were
required to complete, even those who do not work in high security
areas.
Dan Stromer, another member of the plaintiffs’ legal team,
described the background checks as extreme. Investigators may look into
the employee’s medical records and even sexual history. The employees
bringing the lawsuit are scientists and engineers; they contend that this
practice is unconstitutional. NASA/JPL has stated that employees who
refuse to complete the background checks will lose their jobs.
On
Oct. 3, a federal judge denied the employees’ request to block the checks.
Two days later, the Ninth Circuit Court granted a temporary injunction,
which was extended to Dec. 5.
The background checks are part of a
Bush administration directive requiring new background checks for all
government employees. The executive order is titled Homeland Security
Presidential Directive 12. The directive was issued in 2004. In an earlier
interview with the Valley Sun, David Mould, NASA assistant administrator
for public affairs said that there had not been a recent security breach
or any concerns about scientists at JPL. He stated that the agency is just
complying with the law.
The question of why background checks are
being required years after the initial directive is one of the issues
being reviewed by the panel of three judges.
“The [judges] did seem
very focused on the issue and the constitutional concerns raised,” Keeny
said.
The judges are now reviewing the arguments by both sides,
however no date has been given regarding when that opinion will be
issued.
“If the ruling is against us, I would assume [NASA] would
precede to reinstate the background investigations,” Keeny said. If the
decision is favorable a preliminary injunction will be awarded to the
employees. They would head back to district court to request a permanent
injunction. Whatever the decision, the case will continue for some time
before a final ruling, Keeny said.