Security clearances, etc.

Here is a case of interest for those who do security clearance work.  As part of that practice it’s not unusual to have a civilian employee or contractor with a position of public trust issue or background investigation and an SF85.  CAC cards don’t always get issued without a favorable SF 85 determination.

On Tuesday, 5 October 2010, the Supreme Court will hear argument in NASA v. Nelson, (I have linked to the as always pithy review from SCOTUSBlog).

The Supreme Court has recognized that the Constitution provides some protection for a right to keep private some personal information about one’s self — for example, medical information, financial matters, and sexual activity.  But the Supreme Court has not closely focused on the scope of that right in 33 years.  A case about the government’s power to seek access to some personal information, during a background employment or security check, puts the issue back before the Court — with the potential for a sweeping constitutional ruling, or a narrow one closely limited to specific facts.

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