OSC Surveillance Guidance Proves FDA Wrongdoing: Lawyers for Whistleblowers

A new memorandum issued by the U.S. Office of Special Counsel (OSC) instructing federal agencies to ensure their electronic surveillance policies and practices do not deter whistleblowing “confirms” the FDA broke the law when it allegedly monitored the personal emails of employees who voiced product safety concerns to Congress, lawyers for six aggrieved agency staffers say. OSC Special Counsel Carolyn Lerner’s directive, released June 20, warns against the specific targeting of protected disclosures made to the OSC and U.S. inspectors general, saying such actions “could lead to a determination that the agency has retaliated against the employee.”
Devices & Diagnostics Letter