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[Music] lets take a look at background privacy rights in employment law negligent hiring claims our premise on employers not doing enough to screen out unfit employees but is it possible for employers to do too much and Dell so deeply into the backgrounds of applicants as to invade their privacy in a case involving NASA contract employees the Supreme Court left open the possibility that employers enjoy a constitutional right to informational privacy when being subjected to background checks by government agencies the contract employees scientists engineers and administrative personnel were in the aftermath of the 9/11 terrorist attacks subjected to extensive background checks required of federal employees they specifically objected to detailed questions about prior drug treatment and broad open-ended increase into their fitness for service directed to former employers landlords neighbors and other sources the court assumed that a constitutional right to privacy exists in the context