Last week, six current and former FDA scientists and physicians filed a lawsuit alleging that FDA monitored their personal email after they warned congressional staffers that the agency approved medical devices that might pose risks to patients, the Washington Post reports.
Plaintiffs' Arguments
According to government documents gathered by the plaintiffs, FDA started intercepting personal Gmail communications between several of its employees and congressional staffers in January 2009 and continued the surveillance for two years. FDA also took screenshots of the employees' computer desktops and reviewed documents that they had saved on their hard drives.
The plaintiffs argued that FDA violated their constitutional right to privacy by checking their personal email accounts. They also argued that the information obtained by FDA contributed to the harassment or dismissal of the six employees.
FDA's Stance
The log-in screen of FDA's computer system warns employees that they should not expect their communications to be private and that the agency can monitor any data on government computers for lawful purposes.
Michael Sussmann -- a partner at the law firm Perkins Coie and a former federal prosecutor -- said FDA's warning gives the agency significant leeway to monitor workers' correspondence. He said, "Anything on this agency's network is fair game by use of this banner, as long as [it is] lawfully targeting [its] employee."
According to the government documents, FDA informed HHS' inspector general that the scientists and physicians had improperly disclosed confidential device information. However, the inspector general's office declined to investigate the employees, saying it found no evidence of criminal conduct.
Erica Jefferson, an FDA spokesperson, said the agency does not comment on litigation (Nakashima/Rein, Washington Post, 1/30).