“We are talking about a computer that should not have left the building in the first place. The data would have been secure had the employee followed policy.”
So NASA's excuse for a major personnel data breach is that an employee didn't follow the policy properly? Well, gosh, that sounds perfectly reasonable, because that sort of thing never happens, right?
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Ex-NASA Scientist’s Data Fears Come True
A former astronomer at the Jet Propulsion Lab in California sued NASA, claiming its background checks violated his privacy rights. He lost the case, but his claim now has proved true.
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Can't cases be re-opened when this happens?
I don't think there's a specific ground for appeals here.
IANAL, but "He lost the case, but his claim now has proved true" sounds usable.