US Government Moves to Expand NDAs for Federal Employees... Concerns Over Restricting Media Leaks
The U.S. administration is moving to expand the use of non-disclosure agreements (NDAs) for federal employees. While the stated aim is to prevent unauthorized leaks of internal government information, concerns have been raised that this could discourage whistleblowing and media tips from public servants.
On May 26 (local time), the Office of Personnel Management (OPM) released a draft NDA that federal agencies can use for both new and current employees and began soliciting public feedback. The draft stipulates that federal employees are obligated to protect confidential, classified, and proprietary information acquired through their work.
In the draft, the OPM stated that federal employees do not have the discretion to disclose classified government information at will. The agency also explained that unauthorized disclosure can disrupt agency operations and undermine public trust in the government.
Scott Cooper, Director of the OPM, said in a statement that in the private sector, it is common for employees handling sensitive information to sign NDAs, arguing that the federal government should not be held to a lower standard.
The draft specifies that the agreement may remain in effect even after an employee leaves government service. Former employees must obtain written authorization from the relevant authority before making any public references to covered information. The draft also states that the government may pursue legal action, including claims for damages, in the event of a violation.
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However, the OPM explained that this agreement does not create new speech restrictions and that legally protected rights to report wrongdoing or whistleblow will be upheld. Nonetheless, critics point out that if the agreement is applied too broadly, it could discourage even whistleblowing in the public interest.
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