One common problem among individuals flagged for security issues – they often leave their current position before allowing an incident report to work its way through the system. That may seem like a great plan – leave the position and the violations behind, and jump into a new job. One Federal Emergency Management Agency (FEMA) recently tried to do that – leaving the agency after being investigated for making false statements and inappropriately granting clearances which should have been denied.
Rather than awaiting the determination (and likely termination) from FEMA, the individual hopped right on over to another cleared position with the National Geospatial Intelligence Agency (NGA). Unfortunately for that individual, the investigation results followed her to the NGA, and she was terminated.
While most individuals who falsely provided individuals with security clearance and make multiple false statements to the government would be happy they weren’t in jail, this individual is blessed with a sense of optimism. She went on to sue the Department of Homeland Security Office of Inspector General, who conducted and shared the investigation. She claimed her privacy was violated by having the incident report shared.
The court’s determination? (Which shouldn’t come as a surprise). Right to Privacy doesn’t apply here. Over and over, the court has held that traditional employment ‘rights’ to not apply in issues of national security. That’s why the government often has carte blanche in determining who meets the suitability requirements of an individual agency.