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SCOTUS Speaks -- Privacy Implications of Employment Background Checks

Employers in the public and private sector should take note of the path taken last week by the U.S. Supreme Court, addressing a privacy challenge to a background check by government contractor employees.  The case, NASA v. Nelson ("NASA"), overturned a Ninth Circuit Court of Appeals ruling holding that certain questions in a background check were an unconstitutional violation of the "right to informational privacy."   The Supreme Court determined that the disputed questions used in the background check were reasonable in light of the government's interests in managing its internal operations. 

Full discussion of the case is here -- 

 

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Author

Cynthia J. Larose

Member / Chair, Privacy & Cybersecurity Practice

Cynthia J. Larose is Chair of the firm's Privacy & Cybersecurity Practice, a Certified Information Privacy Professional-US (CIPP-US), and a Certified Information Privacy Professional-Europe (CIPP-E). She works with clients in various industries to develop comprehensive information security programs on the front end, and provides timely counsel when it becomes necessary to respond to a data breach.