National Aeronautics & Space Administration v. Nelson
131 S. Ct. 746
| SCOTUS | 2011Background
- NASA contracts out much work; JPL employs contract workers with long-term facility access; standard background checks SF-85 and Form 42 used for non-sensitive contractors; NACI background checks mandated by HSPD-12 and FIPS PUB 201-1; respondents argue SF-85 Drug-treatment and Form 42 open-ended questions violate informational privacy; Privacy Act governs disclosures and safeguards against public dissemination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a constitutional right to informational privacy. | Respondents claim a constitutional privacy right blocks disclosures. | Government asserts no constitutional right; privacy concerns are addressed by statute. | Court assumes privacy interest exists but upholds questions. |
| Whether SF-85 drug-treatment question violates privacy rights. | Treatment/counseling disclosure is unnecessary or intrusive. | Question reasonably identifies drug users and mitigates risk; not overly restrictive. | Question is reasonable and permissible. |
| Whether Form 42 open-ended references questions violate privacy rights. | Open-ended inquiries are intrusive and unbounded. | Open-ended questions are practical and yield relevant information; standard practice. | Open-ended inquiries are reasonable. |
| Whether Privacy Act protections suffice to prevent unwarranted disclosures. | Exceptions to disclosure threaten privacy. | Statutory protections and routine uses adequately limit disclosures. | Privacy Act safeguards plus routine uses protect privacy. |
Key Cases Cited
- Whalen v. Roe, 429 U.S. 589 (1977) (privacy interest in avoiding disclosure; statutory safeguards sufficient)
- Nixon v. Administrator of General Services, 433 U.S. 425 (1977) (privacy protections against undue dissemination; regulatory safeguards important)
- Cafeteria & Restaurant Workers v. McElroy, 367 U.S. 886 (1961) (government as proprietor/free to manage internal operations)
- Engquist v. Oregon Dept. of Agriculture, 553 U.S. 591 (2008) (government's internal operations permit broader discretion in personnel decisions)