This is a great question; the law gets complicated quickly, and obviously anyone whose privacy is implicated should seek the advice of legal counsel. (My response to your question does not constitute such advice.) The issue that you raised is discussed intelligently in Mares v. Con-Agra Poultry Co., 971 F.2d 492 (10th Cir. 1992), especially Judge Tacha's dissent, which examines the conflicting precedents. Two other relevant precedents from California are Kraslawsky v. Upper Deck Co., 56 Cal.App. 4th 179 (Cal. Ct. App. 1997) and Wilkinson v. Times Mirror Corp., 215 Cal. App. 3d 1034 (Cal. Ct. App. 1989). Kraslawsky would be helpful to the JPL plaintiffs (though it arises under the state constitution, and for the reasons I have stated, state constitutional law may have largely displaced state tort law). As I read it, Wilkinson is much more hostile to the types of claims JPL employees would be pursuing.