FDA Spied On Staff Without Considering Legal Risks: Report

Law360, New York (February 26, 2014, 6:36 PM EST) -- The U.S. Food and Drug Administration failed to explore legal implications before surveilling its scientists’ online activities to determine who was leaking the trade secrets of medical device makers as part of whistleblowing about safety concerns, the U.S. Government Accountability Office said Tuesday.

The GAO’s highly anticipated report concluded that regulators approved the monitoring in April 2010 without examining whether they might run afoul of the Fourth Amendment’s ban on unreasonable search and seizure. Ex-staffers, in a lawsuit playing out in Washington federal court, allege violations...
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