The current and former employees, who work for an FDA office that approves medical devices, told Congress that the agency was approving medical devices that in fact posed risks to patients.
In response, the FDA began surveillance of the employees’ personal email accounts, which they accessed from government computers, to monitor their communication with congressional staffers, according to a lawsuit filed by the employees. They allege that the information gained from the monitoring was used to harass and, in some cases, dismiss them.
In the lawsuit, the employees allege that FDA managers violated the Constitution by taking their private emails “without due process or just compensation”, conducting unlawful searches and seizures, as well as violating their rights to free speech and association.
However, the agency warns employees when they log into its network that they should have “no reasonable expectation of privacy” regarding communications transmitted or stored on the network and that communications may be monitored “at any time and for any lawful government purpose.”
An FDA spokesperson declined to comment on pending litigation.
The Washington Post has published a large dossier of letters, emails, and memos obtained by the FDA during their surveillance of the employees.