I mean maybe if they have an investigation and they want to use that information as evidence sure that would be illegal to use but for background checks any of that information is fair game if they are able to get it. Like if your terms of service specifically say they wont give any information out for any reason, maybe you can sue them if you can prove they got the information with your name attached directly instead of it being sold after being anonymized in aggregate then another company/data broker aggregating other data on you to infer who's data belongs to who with device footprints then selling that to the government as a service which i mean good luck. But most likely the terms you sign say they will hand over data for criminal investigations or matters of national security to government entities which they can state background checks for high level clearance positions is a matter of national security.