The Social Security Number:
Legal Developments Affecting Its Collection,
Disclosure, and Confidentiality
Kathleen S. Swendiman
Legislative Attorney
February 8, 2012
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The Social Security Number: Legal Developments Affecting Its Collection and Disclosure
Summary
While the social security number (SSN) was first introduced as a device for keeping track of
contributions to the Social Security program, its use has been expanded by government entities
and the private sector to keep track of many other government and private sector records. Use of
the SSN as a federal government identifier was based on Executive Order 9397, issued by
President Franklin Roosevelt. Beginning in the 1960s, federal agencies started adopting the SSN
as a governmental identifier, and its use for keeping track of government records, on both the
federal and state levels, greatly increased.
Section 7 of the Privacy Act of 1974 provided some limits on compulsory divulgence of the social
security number to government entities. However, exceptions in that statute and succeeding
statutes resulted in only minimal restrictions on governmental usage of the SSN. Today, an
individual needs an SSN to pay taxes, obtain a drivers license, and open a bank account, among
other things. The continued use of, and reliance on, SSNs by public and private sector entities and
the potential for SSN misuse, including identity theft concerns, has led to increasing efforts by
governmental entities to limit the use and disclosure of SSNs. However, no single federal law
comprehensively regulates SSN collection and confidentiality.
Constitutional challenges to the collection of social security numbers by government agencies
have, for the most part, been unsuccessful. Thus, various courts have held that requiring an SSN
on a driver’s license application is constitutional, as is the requirement that persons disclose their
SSNs as a condition for receiving welfare benefits or food stamps. In cases where an individual’s
SSN is publicly displayed or disseminated, court challenges in recent years have been more
successful, particularly where fundamental rights such as the right to vote or the right to free
speech are involved. With regard to the display of SSNs in online public records, or in cases
involving requests for SSNs under federal or state open records statutes, the courts have
attempted to balance the public’s interest in the transparency of government processes with the
private individual’s interest in the confidentiality of personal identification and security
information.
The chronology at the end of this report provides a comprehensive list of federal developments
affecting use of the social security number from 1935 to the present. This list includes federal
statutes regulating the collection and disclosure of SSNs, as well as specific authorizations for the
use of SSNs, confidentiality provisions, and criminal provisions relating to SSN misuse.
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The Social Security Number: Legal Developments Affecting Its Collection and Disclosure
Contents
Origin of the SSN and Federal Government Usage......................................................................... 1
The Social Security Act of 1935................................................................................................ 1
Executive Order 9397................................................................................................................ 2
Citizenship and Social Security Numbers ................................................................................. 3
Identity Theft Concerns ............................................................................................................. 3
Restrictions on Governmental Collection and Use of SSNs............................................................ 5
The Privacy Act of 1974............................................................................................................ 6
The Tax Reform Act of 1976..................................................................................................... 7
Other Federal Statutes Affecting SSN Confidentiality.............................................................. 8
Constitutional Challenges to SSN Collection and Dissemination ................................................. 10
Collection of SSNs .................................................................................................................. 10
Dissemination of SSNs............................................................................................................ 11
SSN Use in the Private Sector ....................................................................................................... 14
State Laws Affecting SSN Confidentiality and Disclosure............................................................ 15
Chronology of Federal Developments Affecting the Social Security Number.............................. 17
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The Social Security Number: Legal Developments Affecting Its Collection and Disclosure
Origin of the SSN and Federal Government Usage
The social security number (SSN) was first introduced as a device for keeping account of
contributions to the Social Security program. Through the years, however, the use of this
identifying number has been expanded by government entities and the private sector to keep track
of many other government and private sector records. In the view of some, a person’s SSN has
attained the status of a quasi-universal personal identification number.1
Federal and state agencies collect and use SSNs to verify eligibility for and administer
government programs that provide benefits and services. Private sector entities routinely obtain
and use SSNs for a wide variety of purposes. Today one can be required to furnish one’s SSN to
obtain a driver’s license, apply for public assistance, donate blood, or take out a loan. SSNs may
also be used to access insurance records, track down student loan defaulters, compile direct
marketing mailing lists, or identify convicted felons on lists of potential jurors.2 There is no single
federal law that comprehensively regulates SSN collection and confidentiality.3
The Social Security Act of 1935
The original Social Security Act of 1935,4 did not expressly mention the use of SSNs, but it did
authorize the creation of some type of record-keeping scheme. Section 807(b) of the act stated:
Such taxes shall be collected and paid in such manner, at such times, and under such
conditions, not inconsistent with this title (either by making and filing returns, or by stamps,
coupons, tickets, books, or other reasonable devices or methods necessary or helpful in
securing a complete and proper collection and payment of the tax or in securing proper
identification of the taxpayer), as may be prescribed by the Commissioner of Internal
Revenue, with the approval of the Secretary of the Treasury.
In addition, Section 808 of the act provided that “[t]he Commissioner of Internal Revenue, with
the approval of the Secretary of the Treasury, shall make and publish rules and regulations for the
enforcement of the title.” Shortly after passage of the Social Security Act, the Bureau of Internal
Revenue required the issuance of an account number to each employee covered by the Social
Security program.5
1 R. Brian Black, Legislating U.S. Data Privacy in the Context of National Identification Numbers: Models From South
Africa and the United Kingdom, 34 Cornell L. J. 398 (2001); see also, Flavio L. Komuves, We’ve Got Your Number:
An Overview of Legislation and Decisions to Control the Use of Social Security Numbers as Personal Identifiers, 16
Marshall J. Computer & Info. L. 529, 531-532 (1998).
2 Public records access to personal information has also been used for nefarious purposes. See Joan Zorza, Recognizing
and Protecting the Privacy and Confidentiality Needs of Battered Women, 29 Fam. L.Q. 273, 287 (1995), in which an
incident is described whereby a murderer located a victim after searching publicly accessible state motor vehicle
records, which included SSNs.
3 See GAO, SOCIAL SECURITY NUMBERS: Federal and State Laws Restrict Use of SSNs, Yet Gaps Remain, GAO-
05-1016T (September 5, 2005) at 2.
4 Act of August 14, 1935, ch. 531, 49 Stat. 620 (codified as amended at 42 U.S.C. §§301 et seq.).
5 T.D. 4704, 1 Fed Reg. 1741, Nov. 7, 1936; 26 C.F.R. Part 401 (1st ed., 1939). Current regulations relating to
applications for and assignment of social security numbers, and the maintenance of earnings records of individuals by
the Social Security Administration (SSA), may be found at 20 C.F.R. §§422.101 et seq. SSA publications about the
SSN may also be found on their website at http://www.socialsecurity.gov/pubs/10002.html.
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Executive Order 9397
Although the SSN was originally established for the Social Security program,6 other government
agencies soon realized that it could be used as a convenient identifying number for tracking other
government programs. Use of the SSN as a federal government identifier was based on Executive
Order 9397,7 issued by President Franklin Roosevelt, which provided as follows:
Whereas certain Federal agencies from time to time require in the administration of their
activities a system of numerical identification of accounts of individual persons; and ...
Whereas it is desirable in the interest of economic and orderly administration that the Federal
Government move toward the use of a single, unduplicated numerical identification system
of accounts and avoid the unnecessary establishment of additional systems:
Now, therefore ... it is hereby ordered as follows:
1. Hereafter any Federal department, establishment, or agency shall, whenever the head
thereof finds it advisable to establish a new system of permanent account numbers pertaining
to individual persons, utilize exclusively the Social Security account numbers ...
However, as a Social Security Administration staff paper indicated, it was not until the 1960s that
federal agencies began to adopt the SSN as a general government identifier in other contexts:
The impetus for the Executive Order came from consideration the Civil Service Commission
was giving to establishing a numerical identification system for all Federal employees, using
the SSN as the identifying number. However, in spite of the Executive Order, there was little
program use of SSN’s within the Federal Government in the 1940’s and 1950’s, because
there was no real incentive for those agencies which kept individual records (e.g., Civil
Service Commission, the Armed Forces, IRS, etc.) to change their record keeping systems.
The potential for expanded use of the SSN was increasingly recognized during this period,
though. After its adoption in 1961 by the Civil Service Commission for Federal employees,
the next major use of the SSN for other than social security purposes occurred in 1962, when
the IRS adopted the SSN as its official taxpayer identification number. While the use of the
SSN by IRS has no relationship to the social security system as such, this step was
nevertheless considered entirely appropriate.8
On November 18, 2008, this longstanding executive order was amended by President George W.
Bush.9 The changes to E.O. 9397 reflect the “policy of the United States that Federal agencies
should conduct agency activities that involve personal identifiers in a manner consistent with
6 The SSA has emphasized that the SSN identifies a particular record only and the social security card indicates the
person whose record is identified by that number. Thus, the social security card was not meant to identify the bearer.
From 1946 to 1972 the legend “NOT FOR IDENTIFICATION” was printed on the face of the card, as a warning that
no proof of identity was required to get a social security card. However, the legend was largely ignored and was
eventually dropped.
7 8 Fed. Reg. 16095-16097, 3 C.F.R. (1943-1948 Comp.) 283-284 (1943). This Executive Order, as discussed in the
text, above, was amended by President George W. Bush on November 18, 2008.
8 Social Security Administration, Use of the SSN—Background and Legislative History 2-3 (1980). See also, Use of
Social Security Number as a National Identifier: Hearing before the Subcomm. on Social Security of the House Comm.
on Ways and Means, 102d Cong., 1st Sess. 23 (1991) (testimony of Comm’r Gwendolyn C. King).
9 http://edocket.access.gpo.gov/cfr_2009/janqtr/pdf/3CFR13478.pdf.
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protection of such identifiers against unlawful use.”10 The most significant change was to make
use of the SSN by federal agencies voluntary rather than mandatory. Section 1 of E.O. 9397 now
reads:
Hereafter any Federal department, establishment, or agency may, whenever the head thereof
finds it advisable to establish a new system of permanent account numbers pertaining to
individual persons, utilize the Social Security Act account numbers....
Citizenship and Social Security Numbers
Even though individuals are required to disclose their SSN under many circumstances in dealing
with governmental entities, possession of a SSN is not a condition of U.S. citizenship. U.S.
citizens are not required to be enumerated at birth.11 This is why regulations issued by the Social
Security Administration regarding obtaining a SSN state that “(a)n individual needing a social
security number may apply for one by filing a signed form SS-5, ‘Application For A Social
Security Number Card,’ ... ”12 Each individual determines when he or she needs a number based
upon federal and state statutes requiring disclosure of a SSN.
In reality, it would be very difficult to work or engage in many activities in this country without a
SSN. Virtually all tax matters require the disclosure of one’s SSN,13 as does participation in many
government programs, and obtaining a driver’s license. While one may choose not to disclose a
SSN in some circumstances, one may have to forgo a benefit. For example, a parent can refuse to
provide an SSN for a child on an income tax form, but then the parent cannot claim a tax credit
for that dependent child.14
Identity Theft Concerns
In recent years, federal agencies have increasingly recognized that SSNs are a key to the
perpetuation of identity theft, which occurs when a person tenders another’s identifying
information to carry out financial fraud or other criminal activity.15 This is in part due to the fact
10 Section 1 of the amendments to E.O. 9397. In addition, the amendments to E.O. 9397 specify that the amendments to
the order do not create any rights that may be enforced against the United States.
11 “Because of increased demand for SSNs for children at earlier ages due to tax and banking requirements, SSA
developed and began to use the EAB (Enumeration at Birth) process in 1987. ... (This process) allows parents to
indicate on the birth certificate form whether they want an SSN assigned to their newborn child. ... It is important to
note that EAB is a voluntary program on the part of the hospitals and the States and other jurisdictions. No law requires
State or hospital participation.” Testimony of Martin H. Gerry, Deputy Commissioner, Office of Disability and Income
Security Programs, Social Security Administration before the Senate Judiciary Committee, Subcommittee on
Immigration, Border Security and Citizenship, June 19, 2006, available at http://www.ssa.gov/legislation/
testimony_061906.html.
12 20 C.F.R. §422.103(b)(1). See http://www.socialsecurity.gov/ssnumber/ss5.htm.
13 There are penalties which may be imposed under the Internal Revenue Code for failure to furnish an SSN when
required to do so pursuant to a federal statute. See 26 U.S.C. §6723 and 6724.
14 26 U.S.C. §151(e), which states “No credit shall be allowed under this section to a taxpayer with respect to any
qualifying child unless the taxpayer includes the name and taxpayer identification number of such qualifying child on
the return of tax for the taxable year.” The taxpayer identification number is the person’s social security number in
most cases.
15 See The President’s Identity Theft Task Force Report, Combating Identity Theft: A Strategic Plan (September 2008)
available at http://www.ftc.gov/os/2008/10/081021taskforcereport.pdf. A Federal Trade Commission report
(continued...)
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that organizations, both private and public, use SSNs for account authentication, often utilizing a
social security number as a password to access or modify account information.16 The Social
Security Administration now truncates SSNs on the millions of benefit statements it mails each
year.17 Since 2007, beneficiaries of the Federal Thrift Savings Plan have received randomly
assigned account numbers in place of their SSN, which had previously served as the account
number.18
Concerns have been raised that persons who carry federal ID or program cards with SSNs on
them have an increased risk of identity theft through loss, theft, or visual exposure of their
cards.19 Testimony in 2009 by the U.S. Government Accountability Office (GAO) cited prior
work documenting that SSNs were displayed on millions of cards issued by federal agencies,
including 42 million Medicare cards, 8 million Department of Defense (DOD) identification
cards and insurance cards, and 7 million Veteran Affairs (VA) identification cards.20 GAO noted
in its 2009 testimony that VA and DOD had begun taking action to remove SSNs from
identification cards.21 As of June 1, 2011, as current military identification cards expire, they are
being replaced with new cards having a unique DOD identification number.22
A recent report issued by the Office of the Inspector General of the Social Security
Administration, entitled “Removing Social Security Numbers From Medicare Cards,”23 reviewed
the vulnerabilities associated with displaying SSNs on medical documents and identification
cards, and the steps taken by the Centers for Medicare and Medicaid (CMS) to address the issues
relating to removal of the SSN from Medicare cards. In a 2006 report to Congress, CMS had
(...continued)
recommends five measures to help prevent SSNs from being used for identity theft: Security in Numbers – SSNs and ID
Theft (December, 2008), at http://ftc.gov/os/2008/12/P075414ssnreport.pdf. SSN use in state agency public records also
raises identity theft concerns. In September 2008, GAO estimated that 85% of the largest counties surveyed make
records that may contain SSNs available in bulk sales or online. Increasingly, however, states are increasingly redacting
or restricting SSNs in public records. See GAO, Social Security Numbers are Widely Available in Bulk and Online
Records, but Changes to Enhance Security are Occurring, GAO-08-1009R (Washington, DC: September 19, 2008) at
http://www.gao.gov/new.items/d081009r.pdf.
16 “Do You Really Need My Social Security Number?” Data Collection Practices in the Digital Age, 10 N.C. J.L. &
TECH. 1, 4-5 (2008) (“Reflecting the unfortunate reality that a single number can provide access to multiple accounts,
commentators have lamented that the social security number has become a ‘skeleton key’ for identity theft criminals.”).
Every state has a law prohibiting identity theft, and sixteen states passed laws in 2011 amending or adding identity theft
laws. See a 2010 state identity theft statute survey by the National Conference of State Legislatures at
http://www.ncsl.org/issues-research/banking-insurance-financial-services/identity-theft-state-statutes.aspx, and a
summary of 2011 enacted legislation pertaining to identity theft at http://www.ncsl.org/issues-research/banking-
insurance-financial-services/identity-theft-2011-legislation.aspx.
17 GAO, Social Security Numbers: Use is Widespread and Protections Vary, GAO-04-768T (Washington, DC: June 15,
2004) at 13.
18 See “TSP Now Using Account Numbers,” at http://www.tsp.gov/curinfo/login/accountnumber.html.
19 See also GAO, Social Security Numbers: Use is Widespread and Protection Could Be Improved, GAO-07-1023T
(Washington, DC: June 21, 2007).
20 GAO, IDENTITY THEFT: Governments Have Acted to Protect Personally Identifiable Information, but
Vulnerabilities Remain, GAO-09-759T (Washington, DC: June 17, 2009) at 9.
21 http://www.tricare.mil/ssn/.
22 Id. at 9.
23 Office of the Inspector General, Social Security Administration, “Removing Social Security Numbers From Medicare
Cards,” A-08-08-18026 (Washington, DC: May, 2008), at http://oig.ssa.gov/sites/default/files/audit/full/pdf/A-08-08-
18026.pdf.
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estimated the cost of transitioning to a non-SSN based Medicare identifier to be over $300
million.24 In conclusion, the OIG report stated,
While we recognize SSA cannot prohibit CMS from using SSNs as its primary beneficiary
identifier, we believe it can help reduce the potential threats to SSN integrity by taking a
proactive role in supporting legislation that would mandate the removal of SSNs from
Medicare cards. We recognize that such legislation could be inconvenient for both agencies
and may result in additional costs. However, given the potential threats to SSN integrity,
such a challenge should not discourage SSA from taking additional steps to safeguard SSNs.
Accordingly, we recommend that SSA:
1. Proactively work with OMB and Congress to expedite the removal of SSNs from
Medicare cards in a manner that ensures compliance with Federal guidelines and consistency
with approaches taken by other Federal agencies.
2. Continue to partner with CMS to develop an alternative Medicare identifier that meets
both agencies’ needs.25
Several bills in the 111th Congress would have precluded the use of the SSN on Medicare cards,
including S. 975, H.R. 2417, and H.R. 3653. In addition, H.R. 2487 would have required the
Secretary of Defense to conduct a study to determine the feasibility of using a distinct military
identification number to identify each Armed Forces member instead of a SSN.
In the 112th Congress, several bills have been introduced which would prohibit the use of the SSN
on Medicare cards, including S. 1251, S. 1275, H.R. 1509, and H.R. 3399.
Restrictions on Governmental Collection and
Use of SSNs
As early as the 1970s, concerns regarding increased uses of the SSN by both government and
private entities prompted studies and subsequent congressional action limiting government uses
of the SSN. The Social Security Administration created a task force in 1970 to investigate “non-
program” uses of the SSN, and the task force’s report the following year stated:
Any examination of SSN policy must begin with the recognition that the number has ceased
to be merely a “social security number.” Especially in the past few years, the number has
come into increasingly wide use as a numerical identifier throughout society, to the point
where the adult American citizen is beginning to need a number to function effectively even
if he is among the very small minority of people who never work in covered employment.26
In 1973, the Department of Health, Education and Welfare Secretary’s Advisory Committee on
Automated Personal Data Systems proposed (1) that an individual whose SSN is requested should
be informed as to whether or not divulging his number is legally required; and (2) that no
24 Id. at 3.
25 Id. at 5.
26 Social Security Number Task Force, Social Security Administration, Report to the Commissioner (1971) at 4.
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individual should be denied a benefit because of his refusal to divulge his SSN for purposes other
than those required by federal law.27
The Privacy Act of 1974
When Congress passed the Privacy Act of 1974,28 it took the first legislative step toward
establishing a federal policy limiting compulsory divulgence of the SSN. In its report
accompanying S. 3418, which became the Privacy Act, the Senate Committee on Government
Operations stated that the extensive use of the SSN as a universal identifier was “one of the most
serious manifestations of privacy concerns in the nation.”29 Citing its fear of harm to individual
privacy through misuse of information systems,30 Congress intended, in the Privacy Act, to curb
government use of SSNs as a personal identifier.
Section 7(a)(1) of the Privacy Act provides that
It shall be unlawful for any Federal, State or local government agency to deny to any
individual any right, benefit, or privilege provided by law because of such individual’s
refusal to disclose his social security account number.
However, the effectiveness of the Privacy Act in restricting SSN use was somewhat limited by the
exemptions in Section 7(a)(2) of the Privacy Act:
The provisions of paragraph (1) of this subsection shall not apply to
(A) any disclosure which is required by Federal statute, or
(B) the disclosure of a social security number to any Federal, State, or local agency
maintaining a system of records in existence and operating January 1, 1975, if such
disclosure was required under statute or regulation adopted prior to such date to verify the
identity of an individual.
In any situation where a government agency asks for a person’s SSN, the agency, under Section
7(b) of the Privacy Act, is required to tell the person whether the request is mandatory or
voluntary, and what uses the agency will make of the SSNs that are collected.
While Section 7 of the Privacy Act does not explicitly provide remedies for its violation, courts
have held that it would be illusory for Section 7 to provide that persons have the right to have
their SSN free from compulsory disclosure with no judicial remedy. Thus, courts have granted
declaratory relief and permanent injunctions to comply with the Privacy Act’s SSN disclosure and
notice provisions.31 The United States Supreme Court, however, ruled in Doe v. Chao32 that an
27 DHEW Secretary’s Advisory Committee on Automated Personal Data Systems, Records, Computers, and the Rights
of Citizens (Washington: U.S. Government Printing Office, 1973), Chapter VII.
28 P.L. 93-579, 88 Stat. 1896, 5 U.S.C. §552a note.
29 S. Rep. No. 1183, 93rd Cong., 2d Sess., reprinted in 1974 U.S. Code Cong. & Admin. News 6916, 6943.
30 Section 2(a) of P.L. 93-579.
31 Courts have granted injunctive relief for violations of Section 7 where a government agency failed to inform
applicants for a discount program or a license that providing their SSNs was optional. See Ingorman v. Delaware River
Port Authority, 630 F. Supp. 2d 426 (D. N.J. 2009) and Schwier v. Cox, 340 F.3d 1284, 1292 (11th Cir. 2003). See also,
Greidinger v. Davis, 782 F. Supp. 1106 (E.D. Va. 1992), rev’d and remanded on other grounds, 988 F.2d 1344 (4th Cir.
(continued...)
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individual must prove he has suffered actual harm before he can receive a $1,000 minimum
statutory award under Section 7 of the Privacy Act when the government wrongfully discloses his
social security number.
In summary, under the Privacy Act, if an entity is a federal, state or local government agency, it
cannot require an individual to submit a SSN, unless (1) the government agency used SSNs in a
record system for identification purposes under a statute or regulation adopted prior to January 1,
1975;33 or (2) it has received specific permission from Congress to require submission of the
SSN, and the agency cites such authorizing authority. If neither of those two conditions is
satisfied, then the government entity may still ask an individual to voluntarily submit his or her
SSN. In either situation where a SSN is requested, the agency must fully disclose what uses will
be made of the number.
The Tax Reform Act of 1976
In 1976, Congress modified the general protections of the Privacy Act to specifically authorize
the states to use the SSN for a wide range of purposes, and by codifying the use of the SSN for
federal tax purposes. First, Section 1211(c)(i) of the Tax Reform Act of 197634 amended Section
205(c)(2) of the Social Security Act35 by adding the following language:
(c)(i) It is the policy of the United States that any State (or political subdivision thereof) may,
in the administration of any tax, general public assistance, driver’s license, or motor vehicle
registration law within its jurisdiction, utilize the social security account numbers issued by
the Secretary for the purpose of establishing the identification of individuals affected by such
law, and may require any individual who is or appears to be so affected to furnish to such
state (or political subdivision thereof) or any agency thereof having administrative
responsibility for the law involved, the social security account number (or numbers, if he has
more than one such number) issued to him by the Secretary.
Second, Section 1211(c) of the Tax Reform Act amended Section 6109 of the Internal Revenue
Code36 to provide that “[t]he social security account number issued to an individual for purposes
of Section 205(c)(2)(A) of the Social Security Act, shall, except as otherwise specified under
regulations of the Secretary, be used as the identifying number for such individuals for purposes
of this title.” Before this revision, Section 6109 had required taxpayers to use identifying numbers
as prescribed by regulations. Although in practice it was the SSN which was used, no provision in
(...continued)
1993).
32 54 U.S. 614 (2004). See Haeji Hong, Dismantling the Private Enforcement of the Privacy Act of 1974: Doe v. Chao,
38 AKRON L. REV. 71 (2005).
33 For example, some states, such as Kentucky and Tennessee, require a person’s SSN for voter registration pursuant to
laws in effect in those states prior to 1975. It is noted that Kentucky’s statutory provision also provides that “(n)o
person shall be denied the right to register because of failure to include his social security number.” KRS §116.155
(2012). Tennessee’s SSN requirement was upheld in McKay v. Thompson, 226 F.3d 752 (6th Cir. 2000), cert. den.,
McKay v. United States, 532 U.S. 906 (2001). See also, Russell v. Bd. of Plumbing Examiners of County of
Westchester, 74 F. Supp. 2d 339 (S.D. N.Y. 1999).
34 P.L. 94-455, 90 Stat. 1520 (1976).
35 42 U.S.C. §405(c)(2).
36 26 U.S.C. §6109(d).
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federal law had specifically required that the SSN be the identifying number for federal tax
purposes until the 1976 amendment.
In studying the effects of these two laws, the Privacy Protection Study Commission found that the
restrictions on use of the SSN imposed by Section 7 of the Privacy Act had little impact on
government agencies. The Commission stated that “[t]he Tax Reform Act grants most State and
local government agencies that found its continued use necessary authority to demand it. In short,
the Privacy Act and the Tax Reform Act essentially preserved the status quo with respect to the
SSN: namely, widespread collection and use of the number.”37
Other Federal Statutes Affecting SSN Confidentiality
More recent enactments by Congress have provided increased confidentiality of SSNs in public
records. Any SSNs and related records that are obtained by federal or state authorized persons
pursuant to federal laws enacted on or after October 1, 1990 “shall be confidential, and no
authorized person shall disclose any such social security account number or related record.”38
Penalties are provided for unauthorized willful disclosures of such confidential information.39
Widespread distribution of SSNs from state driver records has been curtailed since 1994 by
Congress under the Driver’s Privacy Protection Act.40 Since its amendment in 2000,41 certain
“highly restricted information” (including an individual’s photograph or image, social security
number, or medical or disability information) may not be disclosed by a state department of
motor vehicles without the express consent of the individual, except under limited
circumstances.42 The statute provides for both criminal punishment and a private cause of action
for violations of its provisions.43
Another federal statute which provides some protection from SSN disclosures is the Freedom of
Information Act (“FOIA”).44 The FOIA requires federal agencies to generally make their records
available to the public, unless a specific exemption applies. “Exemption 6” allows an agency to
withhold records that would disclose information of a personal nature where “disclosure would
constitute a clearly unwarranted invasion of personal privacy.”45
37 Privacy Protection Study Commission, Personal Privacy in an Information Society 612-13 (1977).
38 42 U.S.C. §405(c)(2)(C)(viii)(I). See the chronology, infra at 17, for other specific federal limitations on SSN
collection and dissemination.
39 42 U.S.C. §405(c)(2)(C)(viii)(II).
40 18 U.S.C. §2721 et seq. This statute was enacted by Congress after the murder of actress Rebecca Shaeffer. Her
assailant had gotten her address from the California Department of Motor Vehicles. See Reno v. Condon, 528 U.S. 141
(2000), upholding the constitutionality of the Driver’s Privacy Protection Act of 1994.
41 Section 309 of P.L. 106-346.
42 Enumerated exceptions to non-disclosure include use by governmental agencies and law enforcement agencies in
carrying out their functions; use in connection with judicial proceedings and enforcement of judgments; use by
insurance agencies for claims investigations; anti-fraud activities; rating and underwriting activities; and, use by
employers or insurers to verify information relating to a commercial driver’s license holders. 18 U.S.C. §2721(b)(1),
(4), (6), and (9).
43 18 U.S.C. §2723.
44 5 U.S.C. §552(a). For more information on FOIA, see CRS Report R41406, The Freedom of Information Act and
Nondisclosure Provisions in Other Federal Laws , by Gina Stevens.
45 5 U.S.C. §552(b). In Sherman v. U.S. Dept. of Army, 244 F.3d 357 (5th Cir. 2001), the court upheld the redaction of
(continued...)
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Several federal laws with broad application to consumers’ “personal information” limit the ability
of entities in the public and private sector to use and disclose social security numbers.46 For
example, the Fair Credit Reporting Act (FCRA) limits access to credit data, including SSNs, to
those who have a permissible purpose under the law.47 The Fair and Accurate Credit Transactions
Act48 allows consumers who request a copy of their credit report to ask that the first five digits of
their SSN not be included in the file. The privacy provisions of the Gramm-Leach-Bliley Act49
regulate the sharing and disclosure of personally identifiable consumer information by financial
institutions, and the Health Insurance Portability and Accountability Act (HIPPA)50 protects the
confidentiality of personally identifiable information, including SSNs, in the context of health
care matters.
Publicly funded schools and those that receive federal education assistance must comply with the
Family Educational Rights and Privacy Act51 (FERPA, also known as the Buckley Amendment).
Under this statute, an educational institution must have written permission from the parent or
“eligible student,” (i.e., a student who has reached the age of eighteen), to release any personally
identifiable information (which includes social security numbers) from a student’s educational
record, except for certain exceptions.52 Not all colleges and universities have interpreted FERPA
to prohibit the use of a student’s SSN as an indentifier within the school community. However,
increasingly, many schools have ended practices whereby students’ SSNs are displayed on
identification cards or on class roster lists or as identifying numbers for the posting of grades.53 In
one case brought under this act, students successfully sued Rutgers University and its president to
enjoin dissemination of class rosters with student social security numbers to faculty and
students.54
In July 2010, the Social Security Administration Office of Inspector General issued an audit
report examining schools’ collection and use of social security numbers for kindergarten through
grade 12.55 While the report acknowledged that the Social Security Administration cannot
prohibit states and schools from collecting and using SSNs, the auditors nevertheless
recommended a coordinated effort to inform schools of the risks associated with unnecessary
(...continued)
SSNs by the Army in the release of servicemen award orders issued during the Vietnam war under a FOIA request.
“(W)e recognize that individual citizens have a substantial informational privacy right to limit the disclosure of their
SSNs, and consequently reduce the risk that they will be affected by various identity fraud crimes.” Id. at 244 F.3d 365.
46 For more information relating to the protection of customer financial information, see CRS Report RS20185, Privacy
Protection for Customer Financial Information, by M. Maureen Murphy.
47 15 U.S.C. §1681b.
48 15 U.S.C. §1681g(a)(1)(A).
49 15 U.S.C. §6801 et seq.
50 P.L. 104-191, 100 Stat. 1936 (1996).
51 20 U.S.C. §1232g, 34 C.F.R. Part 99.
52 See 20 U.S.C. §1232g(b)(1) for a list of exceptions.
53 Some states have enacted statutes specifically prohibiting public display of students’ SSNs for posting of grades, on
class rosters, on Internet sites, or on student ID cards. See, e.g., N.Y. CLS Educ §2-b (2011); A.R.S. §15-1823 (2011);
R.I. Gen. Laws §16-38-5.1 (2012). A compilation of links to policies and plans for the elimination of SSNs as primary
identifiers in the higher education community may be found at http://www.educause.edu/Resources/Browse/
EliminationofSocialSecurityNumbersasPrimaryIdentifiers/33362.
54 Krebs v. Rutgers, 797 F. Supp. 1246 (D. N.J. 1992).
55 This report can be viewed at http://oig.ssa.gov/sites/default/files/audit/full/pdf/A-08-10-11057.pdf.
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collection and use of SSNs, in order to cut down on such practices. The report also recommended
stringent safeguards be adopted by schools for their collection and use of SSNs.
Constitutional Challenges to SSN Collection
and Dissemination
Constitutional challenges to the collection of social security numbers by government agencies
have, for the most part, been unsuccessful. Thus, various courts have held that requiring an SSN
on a driver’s license application is constitutional, as is the requirement that persons disclose their
SSNs as a condition for receiving welfare benefits or food stamps. In cases where an individual’s
SSN is publicly displayed or disseminated, court challenges in recent years have been more
successful, particularly where fundamental rights such as the right to vote or the right to free
speech are involved. With regard to the display of SSNs in online public records, or in cases
involving requests for SSNs under federal or state open records statutes, the courts have
attempted to balance the public’s interest in the transparency of government processes with the
private individual’s interest in the confidentiality of personal identification and security
information.
Collection of SSNs
Challenges to SSN collection requirements based on constitutional grounds have not generally
fared well in the courts. Under the current framework for evaluating constitutional privacy rights,
which is essentially a “reasonable expectation of privacy” analysis, courts have been hard pressed
to find a constitutionally protected privacy interest in the SSN because of the broad dissemination
of SSNs in public and private records.56 Thus, courts have held that requiring a SSN on a driver’s
license application is not unconstitutional;57 nor is a requirement that welfare recipients furnish
their SSNs.58 In like fashion, an individual’s interest in privacy does not invalidate the statutory
requirement that non-attorney bankruptcy preparers place their SSNs in court filings.59 A state
statute that required the last four digits of a person’s SSN in order to obtain a wildlife
conservation license, a pre-requisite for a hunting or fishing license, did not affect a fundamental
right to privacy, according to the Supreme Court of Montana.60 Also, the firing of an employee
who refused to provide her SSN to her employer did not violate the employee’s constitutional
56 See, e.g., 143 Cong. Rec. S3292 (daily ed. April 16, 1997) (statement of Sen. Feinstein) (“I found that my own [SSN]
was accessible to users of the Internet. My staff retrieved it in less than 3 minutes.”).
57 Michigan Department of State v. United States, 166 F. Supp. 2d 1228 (W.D. Mich. 2001). See also Champion v.
Sec’y of State, 761 N.W. 2d 747 (2008), appeal denied, Champion v. Sec’y of State, 762 N.W. 2d 502 (2009).
58 McElrath v. Califano, 615 F.2d 434 (7th Cir. 1980); see also, Chambers v. Klein, 564 F.2d 89 (3d Cir. 1977).
59 In Re Crawford, 194 F.3d 954 (9th Cir. 1999), cert. denied sub nom, Ferm v. United States Trustee, 528 U.S. 1189
(2000). While the court recognized a right to informational privacy, it stated that the right is not absolute, so that it may
be infringed upon by proper governmental interests. “(W)e conclude that the speculative possibility of identity theft is
not enough to trump the importance of the governmental interests” in preventing fraud and the unauthorized practice of
law in the bankruptcy petition preparer industry. 194 F.3d at 960. See also, Arakawa v. Sakata, 133 F. Supp. 2d 1223
(D. Hawaii 2001). However, in another case a state court held that balancing privacy interests with an open records
statute weighed in favor of redacting SSNs before release of records. Burnett v. County of Bergen, 198 N.J. 408, 968
A.2d 1151 (2009). See, also, Oklahoma Public Employees Assn v. Oklahoma, 2011 OK 68, 2011 Okla. LEXIS 63 (June
28, 2011).
60 Mont. Shooting Sports Ass’n v. State, 224 P.3d 1240 (2010)
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right to privacy.61 The employee alleged that she “was being placed in dire jeopardy of having her
identity stolen” were she to disclose her SSN to her employer.62 However, the court held that “the
Constitution does not provide a right to privacy in one’s SSN,” and “[t]here is no doubt that laws
requiring employers to collect SSNs of employees have a rational basis.”63
In addition, in Bowen v. Roy,64 the United States Supreme Court held that requiring applicants to
provide their SSNs as a condition of eligibility for federal benefits, such as AFDC or food stamps,
does not violate the First Amendment to the United States Constitution since such a requirement
is neutral in religious terms. Thus, a person may need to make a choice between receiving a
government benefit and adhering to religious beliefs. In addition, preventing fraud in federal
welfare programs is an important goal, and the SSN requirement is a reasonable means of
promoting that goal.65
In a case involving a federal requirement imposed on states, Michigan challenged a 1996
provision in the Welfare Reform Act that requires states to collect the SSNs of applicants of
driver’s licenses and other state licenses.66 The purpose of the requirement is to facilitate
interstate tracking and location of parents who are delinquent in child support payments. Because
this statutory provision is tied to federal money that the state receives for its child support
enforcement programs, the Michigan Legislature enacted the federally required laws, but then
directed the Family Independence Agency to apply for an exemption from the requirement which
was denied. The Michigan Department of State filed suit against the United States, challenging
the constitutionality of the provision. In Michigan Department of State v. United States,67 the
district court upheld this requirement as a proper exercise of Congress’ constitutional power to tax
and spend for the general welfare.68 The court found that the statutory requirement for collection
of SSNs was sufficiently related to the federal interest of assisting the states in the nationwide
collection of child support, and that it did not violate a citizen’s right to privacy.69
Dissemination of SSNs
The United States Supreme Court, in Reno v. Condon,70 unanimously upheld the provisions of the
Driver’s Privacy Protection Act of 199471 (DPPA) as constitutional. The DPPA restricts the states’
61 Cassano v. Carb, 436 F.3d 74 (2nd Cir. 2006).
62 Id.
63 Id. at 75-6.
64 476 U.S. 693 (1986). “[G]iven the diversity of beliefs in our pluralistic society and the necessity of providing
governments with sufficient operating latitude, some incidental neutral restraints on the free exercise of religion are
inescapable.” Id. at 712.
65 476 U.S. at 710.
66 Section 466(a)(13)(A) of the Social Security Act, 42 U.S.C. §666(a)(13)(A).
67 166 F. Supp. 2d 1228 (W.D. Mich. 2001).
68 U.S. CONST. art. I, §8, cl. 1.
69 Individuals have also challenged this provision on grounds that it violates their right to free exercise of religion, the
Privileges and Immunities Clause, due process and the right to privacy, but such cases have also not been unsuccessful.
See, e.g., Kocher v. Bickley, 722 A.2d 756 (Pa. Commw. Ct. 1999); Brunson v. Dep’t of Motor Vehicles, 85 Cal. Rptr.
2d 710 (1999); Stoianoff v. Comm’r of Motor Vehicles, 107 F. Supp. 2d 439 (S.D.N.Y. 2000); Cubas v. Marinez, 819
N.Y.S. 2d 10 (2006).
70 528 U.S. 141 (2000).
71 18 U.S.C. §§2721 - 2725.
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ability to disclose a driver’s personal information, including SSN, without the driver’s consent.
South Carolina had a statute permitting information contained in the state’s Department of Motor
Vehicle records to be available or sold to any person or entity that fills out a form listing the
requester’s name and address and stating that the information would not be used for telephone
solicitation. However, the Court found the DPPA’s restrictions to be a proper exercise of
Congress’s authority to regulate interstate commerce since drivers’ personal information sold by
the states is used by insurers, manufacturers, direct marketers, and others engaged in interstate
commerce to contact drivers with customized solicitations. In addition, the Supreme Court
rejected arguments that the federal regulation violated Tenth Amendment federalism principles.
In another federal court case, Greidinger v. Davis,72 both SSN collection and dissemination issues
were addressed. Virginia’s requirements that each voter’s registration form contain an SSN and
that voter records, including SSNs, would be available for public inspection were challenged. The
court held that neither SSN collection nor dissemination is itself a violation of a constitutional
right of privacy. However, the court found that Virginia had failed to comply with Section 7(b) of
the Privacy Act by not stating whether the disclosure was mandatory or voluntary, and by not
listing what uses would be made of the SSNs. The court went on to find that Virginia’s practice of
making voter records, including SSNs, available for public inspection placed “a burdensome
condition on the exercise of the fundamental right to vote.”73 Virginia’s justification for collecting
and disclosing SSNs was to prevent voter fraud. The court held that while Virginia’s rationale
amounted to a compelling state interest, its policy of keeping SSNs available for public inspection
was not “narrowly tailored” to the state’s interest, so the court barred further dissemination of
voters’ SSNs.74 Thus, the court’s specific holding in this case was that the public availability of
SSNs was unconstitutional only because it burdens another fundamental right, the right to vote,
not because it was per se unconstitutional.75
In another case involving constitutional principles, the Fourth Circuit Court of Appeals, in
Ostergren v. Cuccinelli,76 held that a Virginia statute prohibiting the intentional publication of a
person’s social security number over the Internet violated the First Amendment’s protection of
free speech.77 The plaintiff, Ostergren, was a privacy advocate who published public land records
that revealed the SSNs of various public officials on her website. Virginia counties had been in
72 988 F.2d 1344 (4th Cir. 1993).
73 Id. at 1348.
74 Id. at 1354.
75 Some courts have been more protective of constitutional privacy rights involved in SSN use. In State ex rel. Beacon
Journal Publishing Co. v. Akron, 640 N.E.2d 164, 166 (Ohio 1994) a newspaper attempted to obtain payroll records of
city employees, specifically including SSNs. The Ohio Supreme Court held that disclosure of the individual
employees’ SSNs “would violate the federal constitutional right to privacy” and prohibited disclosure. But, see
Pontbriand v. Sundlun, 699 A. 2d 856, 870 (R.I. 1997), wherein the court disagreed with the court’s holding in Beacon
Journal Publishing Co v. Akron. More recently, the court in Arakawa v. Sakata, 133 F.Supp.2d 1223 (D. Hawaii 2001),
concluded that the release of a SSN “potentially rises to the level of a federal constitutional violation” while
acknowledging the case law on privacy rights and the SSN to be “ambiguous.” Id. at 1229-30. Also, in a case of first
impression, a tenant argued that a landlord’s demand for SSNs of an apartment’s occupants violated the state consumer
protection statute. The court found the tenant’s allegations sufficient to state a claim under the statute and so refused to
dismiss the claims. See Meyerson v. Prime Realty Services, 796 N.Y.2d 848 (2005). See, generally, Lora M. Jennings,
Paying the Price for Privacy: Using the Private Facts Tort to Control Social Security Number Dissemination and the
Risks of Identity Theft, 43 WASHBURN L. J. 725 (2004).
76 615 F. 3d 263 (4th Cir. 2010).
77 See Va. Code §59.1-443.2 (2011) which prohibits “[i]ntentionally communicat[ing] another individual’s social
security number to the general public.”
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the process of redacting SSNs from land records available online since 2007, but not all counties
had finished the process, and not all SSNs were redacted due to errors. The circuit court stated
that, given Ostergren’s “criticism about how public records are managed, we cannot see how
drawing attention to the problem by displaying those very documents could be considered
unprotected speech. Indeed, the Supreme Court has deemed such speech particularly valuable
within our society.”78 Thus, the court applied the strict scrutiny standard of review: “Accordingly,
Virginia may enforce Section 59.1-443.2 against Ostergren for publishing lawfully obtained,
truthful information about a matter of public significance ‘only when narrowly tailored to a state
interest of the highest order.’”79 The court then ruled that punishing Ostergren for posting publicly
available online land records when Virginia itself continued to make unredacted documents
publicly available violated Ostergren’s First Amendment rights.80
In recent court cases involving requests for SSNs through vehicles such as federal and state open
records laws, courts have increasingly balanced the public’s right to know against a person’s right
to keep personal information private, and have, in a number of cases, sided with protecting
informational privacy. For example, in Sherman v. U.S. Dep’t of the Army,81 the Fifth Circuit
Court of Appeals examined a Freedom of Information Act (FOIA) request for personnel record
information with unredacted SSNs. The court stated:
[A]n individual’s informational privacy interest in his or her SSN is substantial. The privacy
concern at issue is not, of course, that an individual will be embarrassed or compromised by
the particular SSN that she has been assigned. Rather, the concern is that the simultaneous
disclosure of an individual’s name and confidential SSN exposes that individual to a
heightened risk of identity theft and other forms of fraud.82
The court held that provision of the unredacted SSNs would constitute “a clearly unwarranted
invasion of personal privacy” under Exemption 6 of the FOIA.83 In a similar state court decision,
the Supreme Court of Oklahoma, in Oklahoma Public Employees Assn v. Oklahoma,84 denied
public access via the Oklahoma Open Records Act to SSNs and dates of birth of state employees.
The court used a balancing test to determine whether the employees’ interest in non-disclosure
outweighed the public’s right to know under the state statute which provided an exception to
disclosure when the information sought would constitute a “clearly unwarranted invasion of the
state employees’ personal privacy.” In this case, the court found that disclosure of the personal
information sought “would not significantly serve the principal purpose of disclosure, i.e.,
ensuring public confidence in government by increasing the access of the public to government
and its decision-making processes.”85
78 615 F.3d 263, 272.
79 Id. at 276.
80 Id. at 287. See Britt Cramer, Recent Cases, Constitutional Law – First Amendment – Fourth Circuit Holds That
Republishing Social Security Numbers Gleaned From Online Public Records Is Protected Speech – Ostergren v.
Cuccinelli, 615 F. 3d 263 (4th Cir. 2010), 124 HARV. L. REV. 6 (2010). See also, Clay Calvert and Mireles Torres,
Putting the Shock Value in First Amendment Jurisprudence: When Freedom for the Citizen-Journalist Watchdog
Trumps the Right of Informational Privacy on the Internet, 13 VAND. J. ENT. & TECH. L. 323 (Winter, 2011).
81 244 F.3d 357, 365 (5th Cir. 2001).
82 Id. at 365.
83 Id. at 366. 5 U.S.C. §552(b)(6).
84 2011 OK 68, 2011 Okla. LEXIS 63 (June 28, 2011).
85 Id., slip opinion at 40-41. See, also, Burnett v. County of Bergen, 198 N.J. 408, 968 A.2d 1151 (2009). The court in
Sherman v. U.S. Dep’t of the Army, 244 F.3d 357, 365 (5th Cir. 2001) stated “[A]n individual’s informational privacy
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SSN Use in the Private Sector
Private sector use of the SSN is widespread,86 including activities such as using SSNs for data
exchanges to assess credit risk, tracking patient care among multiple providers, locating
bankruptcy assets, and providing background checks on new employees. One may be asked to
provide one’s SSN for such diverse activities as taking out an insurance policy, checking into a
hospital, applying for a store charge account, buying a car, setting up a utility account, or joining
a club.
Section 7 of the Privacy Act 197487 and related federal statutes do not impose restrictions on
private sector use of the SSN. Thus, private businesses and organizations may, in most
circumstances, request an individual’s SSN in exchange for goods or services, and no general
federal law regulates such transactions. Although an individual can refuse to give his or her SSN
to a company or organization, the business can also refuse to provide the goods or services unless
the SSN is provided. If the company insists on receiving a customer’s SSN, the individual can
refuse and take his or her business elsewhere. In some cases, an accommodation may be reached
whereby a business agrees to use an identifier other than a person’s SSN, but there is no federal
law that prohibits the private entity from requiring a person’s SSN as a condition to providing
goods or services. State laws may, however, restrict private sector use of SSNs, and should be
consulted.
One federal statute that does impact the collection of SSNs by businesses and financial
institutions in the private sector is Section 326 of the USA PATRIOT Act.88 That provision
directed the Treasury Department to promulgate regulations that require certain financial
institutions to verify the identity of persons establishing a new line of credit or opening a new
account and to consult “lists of known or suspected terrorists or terrorist organizations provided
to the financial institution by any government agency to determine whether a person seeking to
open an account appears on any such list.”89 These regulations require financial institutions such
as banks to implement a Customer Identification Program (CIP), which, at a minimum, must
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interest in his or her SSN is substantial. The privacy concern at issue is not, of course, that an individual will be
embarrassed or compromised by the particular SSN that she has been assigned. Rather, the concern is that the
simultaneous disclosure of an individual’s name and confidential SSN exposes that individual to a heightened risk of
identity theft and other forms of fraud.”
86 GAO, Social Security Numbers: Use is Widespread and Protection Could be Improved, GAO-07-1023T
(Washington, DC: June 21, 2007).
87 P.L. 93-579, 88 Stat. 1896, 5 U.S.C. §552a note.
88 P.L. 107-56. The full title of this law is the “Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorists” Act.
89 31 U.S.C. §5318(l). Section 352 of the USA PATRIOT Act, 31 U.S.C. §5318 note , may also play a role in
prompting various businesses to require SSNs from their customers. Under Section 351, certain financial institutions,
are required to establish anti-money laundering programs. Although the regulations issued by the Secretary of the
Treasury to date do not specifically require the collecting of SSNs, they do require covered financial institutions to
install anti-money laundering programs to detect money laundering by assessing the risk posed by each customer. See,
for example, 31 C.F.R. §1027.210, requiring anti-money laundering programs for dealers in precious metals, precious
stones, or jewels. It includes the following statement: “Factors that may indicate a transaction is designed to involve use
of the dealer to facilitate money laundering or terrorist financing include ... [u]nwillingness by a customer .. To provide
complete or accurate contact information, financial references, or business affiliations.” 31 U.S.C.
§1027.210(b)(1)(ii)(A). See, generally, CRS Report RS21547, Financial Institution Customer Identification Programs
Mandated by the USA PATRIOT Act, by M. Maureen Murphy.
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require that an individual provide his or her name, date of birth, residential or business address,
and taxpayer identification number, which for U.S. citizens is the person’s SSN.90 Thus, a person
opening a bank or credit card account or financing a car through a loan from a financial
institution may be told that supplying his or her SSN is “required by the Patriot Act.” To be
precise, it is the CIP regulations issued pursuant to Section 326 of the USA PATRIOT Act that
require disclosure of a person’s SSN under these circumstances.91
State Laws Affecting SSN Confidentiality
and Disclosure
A number of states have enacted statutes that restrict the use or display of SSNs in various
contexts, including restricting companies and individuals from posting or publicly displaying
SSNs, printing them on cards, transmitting them over the Internet, or mailing them without safety
measures. California was the first state to pass such a law that bars certain businesses, such as
insurance companies, from publicly displaying SSNs.92 The California law also prohibits printing
a SSN on identification cards;93 printing SSNs on documents mailed to customers, except under
certain circumstances; and requiring persons to use a SSN to log onto a website without a
password.94 Other states, including Arizona, Arkansas, Connecticut, Illinois, Maryland, Michigan,
Minnesota, Missouri, Oklahoma, Texas, Utah and Virginia, have passed laws similar to
California’s law.95 Some states have gone further in protecting SSNs, including restricting the
solicitation of SSNs by private companies,96 prohibiting disclosure of SSNs or any number
90 31 C.F.R. §1020.220(a)(4)(2)(i)(A) (banks, savings associations, and credit unions); 31 C.F.R.
§1023.220(a)(2)(i)(A)(4) (brokers and dealers); 31 C.F.R. §1026.220(a)(2)(i)(A)(4) (futures commission merchants);
31 C.F.R. §1024.220(a)(2)(i)(A)(4) (mutual funds).
91 In addition, pursuant to 314(a) of the USA PATRIOT Act, 31 U.S.C. §5311 note, the Department of the Treasury’s
Financial Crimes Enforcement Network (FinCen) has set up a system whereby names of suspected money launderers or
terrorists provided by federal law enforcement agencies are periodically circulated to federal depository institutions,
which are to search their records and provide various information, including SSNs, on any matches that they discover
among their accounts. 31 C.F.R. §103.100.
92 CAL. CIV. CODE §1798.85 (West 2012). See also Illinois’ statute with a similar prohibition at 815 ILL. COMP. STAT.
505/2QQ(f) (2012).
93 California also prohibits embedding or encoding an SSN on a card required to access the businesses’ products or
services at CAL. CIV. CODE §1798.85(f) (West 2012). Other states such as Hawaii, Vermont and Virginia also prohibit
embedding an SSN on a card instead of removing the SSN. See HAW. REV. STAT. §487J-2(a)(2) (2011); VT. STAT.
ANN. tit. 9, §2440(b)(2) (2012); VA CODE ANN §59.1-443.2(e) (2011).
94 CAL. CIV. CODE §1798.85 (West 2012). See the California Office of Privacy Protection guide for businesses on
“recommended practices” for using SSNs at http://www.privacy.ca.gov/res/docs/pdf/ssnrecommendations.pdf. See,
also CRS Report R41756, Privacy Protections for Personal Information Online , by Gina Stevens.
95 See, for more information on state laws, GAO, Social Security Numbers: More Could be Done to Protect SSNs,
GAO-06-586T (Washington, DC: March 30, 2006). See also a National Conference of State Legislatures summary of
2010 state SSN legislation introduced and passed at http://www.ncsl.org/issues-research/banking-insurance-financial-
services/social-security-number-2010-legislation.aspx.
96 See, e.g., TEX. [Bus. & Com.] CODE ANN. §501.052 (2011), which prohibits a business from requiring that an
individual disclose his or her SSN in order to obtain goods or services, unless the business has a privacy policy and
maintains the confidentiality of the SSN. See also Alaska’s law at AS §45.48.410 (2010) which restricts the request,
collection, sale, and sharing of SSNs by both private parties and government agencies, unless authorized by law, with
limited exceptions.
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derived therefrom,97 or subjecting a truncated SSN to the same restrictions on display and transfer
as the full SSN.98
Concerns have been expressed regarding the effect of technological advances on the availability
and use of the SSN in private sector databases:99 Organizations that sell personal information,
including SSNs, have benefited greatly from continuing advances in computer technology and the
availability of computerized databases.100 This practice may be exploited in a fraudulent manner.
For example, in February 2005, ChoicePoint, the largest information broker in the country,
“unwittingly sold personal information on at least 145,000 Americans to a criminal ring engaged
in identity theft.”101 Increasingly, states have passed laws that require state agencies and private
entities to notify residents when a security breach results in the release of personal information,
including SSNs.102 California was the first jurisdiction to pass such a law in 2002.103 As of
October 2010, at least 46 states, the District of Columbia, Puerto Rico, and the Virgin Islands
have enacted laws with similar requirements.104
97 See, e.g., N.Y. GEN. BUS. LAW §399-dd (2011), restricting publication or transmittal of an SSN or any number
derived from such number.
98 See, e.g., MICH. COMP. LAWS §445.83 (2012). New Jersey also limits the use of more than four sequential SSN digits.
N.J. STAT. ANN. §56:8-164(a)(1) (2012)
99 Enhancing Social Security Number Privacy: Hearing Before the Subcomm. on Social Security of the House
Committee on Ways and Means, 108th Cong., 2nd Sess. (2004).
100 See GAO, SOCIAL SECURITY NUMBERS: Private Sector Entities Routinely Obtain and Use SSNs, and Laws Limit
the Disclosure of this Information, GAO-04-11 (Washington, DC: January, 2004).
101 Grayson Barber, Personal Information in Government Records: Protecting the Public Interest in Privacy, 25 ST.
LOUIS U. PUB. L. REV. 63, 65 (2006).
102 Jill Joerling, Data Breach Notification Laws: An Argument for a Comprehensive Federal Law to Protect Consumer
Data, 32 WASH. U.J.L. & POL’Y 467 (2010).
103 CAL. CIV. CODE §§1798.29, 1798.82 (West 2012).
104 See the 50-state survey of breach of information legislation compiled by the National Conference of State
Legislatures at http://www.ncsl.org/programs/lis/cip/priv/breachlaws.htm. See also CRS Report RL34120, Federal
Information Security and Data Breach Notification Laws, by Gina Stevens.
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Chronology of Federal Developments Affecting
the Social Security Number
The chronology that follows details various federal developments relating to use of the SSN.105
1935
Enactment of the Social Security Act of 1935, P.L. 74-271, with authority for
development of appropriate record keeping and identification scheme. Section 807
(b) of P.L. 74-271.
1937
By June 30, 1937, approximately 30 million applications for social security numbers
are processed.
1943
Executive Order 9397, issued by President Roosevelt, authorizes the use of the SSN
as a federal government identifier. 3 C.F.R. 943-1948 Comp.) 283-284 (1943).
1961
The Civil Service Commission adopts the SSN as the official employee identification
number.
1962
The Internal Revenue Service adopts the SSN as the official taxpayer identification
number.
1964
The Treasury Department, via internal policy, requires buyers of series H Savings
bonds to provide their SSN’s.
1966
The Veterans Administration begins to use the SSN as its hospital admissions
number and for patient record-keeping.
1967
The Department of Defense, via Secretary of Defense memorandum, adopts the
SSN as the service number for all military personnel. Actual replacement of serial
numbers with SSNs for military personnel occurred on July 1, 1969.
1970
Section 1102(a) of the Organized Crime Control Act of 1970, P.L. 91-452,
authorizes the Secretary of the Treasury to require SSNs of persons to whom
certain explosive materials are to be distributed. 18 U.S.C. §842(f).
1971
The Social Security Administration issues a task force report on issues raised by
non-program SSN use. The task force report proposes that the agency take a
“cautious and conservative” position toward SSN use and do nothing to promote
the use of the SSN as an identifier.
1972
Section 130(a) of the Social Security Amendments of 1972, P.L. 92-603, adds
subsection (g) to Section 208 of the Social Security Act, setting forth penalties for
furnishing false information to obtain a SSN, and for deceptive practices involving
SSNs. 42 U.S.C. §408(g).
Section 137 of the same Act, P.L. 92-603, directs the Secretary of HEW (now
Commissioner of Social Security) to assign SSNs to all aliens permitted to work in
the United States, as wel as to al recipients of benefits paid for by federal funds. 42
U.S.C. §§405(c)(2)(B)(i)(I) and (II). This section also authorizes the Secretary to issue
SSNs to children below school age at the request of parents and guardians and to
children of school age at their time of enrollment. 42 U.S.C. §405(c)(2)(B)(iv) and
(v). This section also requires the Secretary to obtain evidence necessary to
105 This chronology is comprehensive, but not necessarily all inclusive. Federal laws not covered in this chronology
include those related to computer matching programs which use the SSN to cross match data from two or more federal
programs. For example, see 7 U.S.C.§2025(e), which authorizes computer matching between Food Stamp program
recipients and Supplemental Security Income recipients for verification of income information. See, generally, 5 U.S.C.
§552(a)(8),(o),(p). In addition, only selected references to the ubiquitous Internal Revenue Code requirements to supply
one’s SSN (“taxpayer identification number”) are included.
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establish age, citizenship, or alien status, and the true identity of applicants of SSNs.
42 U.S.C. §405(c)(2)(B)(i ).
1973
Buyers of series E savings bonds are required by the Treasury Department to
provide their SSNs.
1974
Section 7 of the Privacy Act of 1974, P.L. 93-579, limits governmental use of the
SSN. The federal government and state and local governments are prohibited from
withholding any right, benefit or privilege from a person simply because the
individual refuses to furnish his or her SSN, except under certain circumstances,
such as when required by federal law, or under certain grandfathered systems of
records maintained by a governmental entity prior to 1975. 5 U.S.C. §552a note.
1975
Section 101(c)(5)(C) of the Social Services Amendments of 1974, P.L. 93-647,
requires disclosure of an individual’s SSN as a condition of eligibility for AFDC
benefits. 42 U.S.C. §602(a)(25).
1976
Section 1211(b) of the Tax Reform Act of 1976, P.L. 94-455, authorizes states to
use the SSN in the administration of any tax, general public assistance, driver’s
license or motor vehicle registration law and to require individuals affected by such
laws to furnish their SSNs to the states. 42 U.S.C.§405(c)(2)(C)(i). In addition, states
are permitted to use the SSN for responding to requests for information from any
agency operating pursuant to the Aid to Families with Dependent Children program
and the Child Support and Establishment of Paternity program. 42 U.S.C.
§405(c)(2)(C)(i i).
Section 1211(c) of the same Act, P.L. 94-455, amends Section 6109 of the Internal
Revenue Code to provide that the SSN be used as the tax identification number for
al tax purposes. While the Treasury Department had been using the SSN as the tax
identification number by regulation since 1962, this law codifies that requirement. 26
U.S.C. 6109(d).
Section 1211(d) of the same Act, P.L. 94-455, makes misuse of the SSN for any
purpose a violation of the Social Security Act. 42 U.S.C.§408(g).
1977
Section 4 of the Food Stamp Act of 1977, P.L. 96-58, directs the Secretary of the
Department of Agriculture to require that the SSN of al household members be
disclosed as a condition of eligibility for participation in the Food Stamp program. 7
U.S.C. §2025(e).
1981
Section 803(b) of the Omnibus Reconciliation Act of 1981, P.L. 97-35, requires the
disclosure of the SSNs of al adult members in the household of children applying for
the school lunch program. 42 U.S.C.§1758(d). (see 1989 amendment, P.L. 101-147).
Section 916 of the Department of Defense Authorization Act, 1982, P.L. 97-86,
authorizes the Director of Selective Service to require an individual’s SSN when
registering for the draft and requires the Secretary of HHS to furnish to the
Director of Selective Service the names, dates of birth, addresses and SSNs of
individuals required to register for the purpose of enforcement of the Military
Selective Service Act. 50 U.S.C. App. §§453(b).
Section 4 of the Omnibus Reconciliation Act of 1981, the Social Security Benefits
Act, P.L. 97-123, amends the Social Security Act to add alteration and forgery of a
social security card to the list of prohibited acts and increases the penalties for such
acts under Section 208 of the Social Security Act. 42 U.S.C. §408.
1982
Section 205 of the Alcohol Traffic Safety-National Driver Register Act of 1982, P.L.
97-364, directs the chief driver licensing official in states participating in the National
Driver Register to report certain information on drivers whose licenses have been
denied, canceled, suspended or who have been convicted of certain offenses, to the
Register, including the SSN of the driver if used by the reporting state for driver
records or motor vehicle license purposes. 23 U.S.C. §401 note. (see 1994 revision,
P.L. 103-272).
Section 4 of the Debt Col ection Act of 1982, P.L. 97-365, requires al applicants for
loans under any federal loan program to furnish their SSNs to the agency supplying
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the loan. 26 U.S.C. §6103 note. (repealed, 1994, see P.L. 103-272).
1983
Section 339 of the Social Security Amendments of 1983, P.L. 98-21, requires federal
and state agencies to provide the SSNs of incarcerated felons to the Secretary of
HHS in order to limit social security benefits to certain prisoners. 42 U.S.C.
§402(x)(3).
Section 345 of the same Act, P.L. 98-21, requires that the Secretary of HHS issue a
social security card at the same time as an SSN is issued, and requires that new and
replacement social security cards be made of banknote paper and (to the maximum
extent practicable) not be subject to counterfeiting. 42 U.S.C. §405(c)(2)(F).
Section 122 of the Department of State Authorization Act for FY1984 and 1985,
P.L. 98-164, requires the Secretary of State to obtain SSNs from borrowers under
the repatriation loan program. 22 U.S.C. §2671(d).
1984
Section 146(a) of the Deficit Reduction Act of 1984, P.L. 98-369, amends Section
6050I of the Internal Revenue Code to require that persons engaged in a trade or
business file a return (including SSNs) with the IRS for certain cash transactions over
$10,000. 26 U.S.C. §6050I(b)(2).
Section 422(b) of the same law, P.L. 98-369, amends Section 215 of the Internal
Revenue Code to authorize the Secretary of HHS to prescribe regulations requiring
a spouse paying alimony to furnish the IRS with the taxpayer identification number
(i.e., SSN) of the spouse receiving alimony payments. 26 U.S.C. §215.
Section 2651(a) of the same law, P.L. 98-369, requires that states have in effect an
income and eligibility verification system meeting federal standards for certain
programs, and that SSNs be required as a condition for eligibility for benefits under
such programs, which include the following: AFDC, Medicaid, Unemployment
Compensation, Food Stamps, and SSI. 42 U.S.C. §1320b-7(a)(1).
Section 3(b) of the Child Support Enforcement Amendments of 1984, P.L. 98-378,
requires states to provide the SSNs of noncustodial parents to state child support
enforcement agencies for enforcing child support orders by tax refund offsets. 42
U.S.C. §666(a)(3)(C).
1985
Section 1324 of the Food Security Act of 1985, P.L. 99-198, provides that certain
state financing statements filed in a state central filing system certified by the
Secretary of Agriculture for the protection of purchasers of farm products include
the SSN of debtors with farm products subject to a security interest. 7 U.S.C.
§1631.
1986
Section 407(a) of the Higher Education Amendments of 1986, P.L. 99-498, requires
student loan applicants to submit their SSN as a condition for eligibility. 20 U.S.C.
§1091(a)(4).
Section 1234(a)(1) of the Tax Reform Act of 1986, P.L. 99-514, provides that
applications for United States passports or for legal, permanent resident status
(green cards) include the person’s Taxpayer Identification Number (usually SSN), if
any. 26 U.S.C. §6039E.
Section 1524 of the same Act, P.L. 99-514, requires that any dependent age five or
older listed on a tax return be identified by a SSN. 26 U.S.C. §6109(e).
Section 12006 of the Commercial Motor Vehicle Safety Act of 1986, P.L. 99-570,
gives the Secretary of Transportation authority to require that states include a
driver’s SSN on commercial vehicle licenses. 49 U.S.C. App. §2705. (see 1994
revision, P.L. 103-272).
Section 101(e) of the Immigration Control and Reform Act of 1986, P.L. 99-603,
requires the Secretary of HHS to undertake a study of the feasibility and costs of
establishing a SSN validation system for employment eligibility verification of aliens
under 8 U.S.C. §1324a, and of the privacy concerns that would be raised by the
establishment of such a system. 8 U.S.C. §1324a note.
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1987
Section 11(b) of the Criminal Fines Improvement Act of 1987, P.L. 100-185,
provides that certain information be included in judgments with fines of more than
$100, including the SSN of the defendant. 18 U.S.C. §3612(b)(1)(A).
Section 1301(a)(3) of the Omnibus Budget Reconciliation Act of 1987, P.L. 100-203,
requires that an entity receiving farm subsidy payments provide the SSN of each
individual that holds or acquires a substantial beneficial interest in the entity to the
Secretary of Agriculture. 7 U.S.C. §1308-1(a)(3).
1988
Section 165 of the Housing and Community Development Act of 1987, P.L. 100-
242, authorizes the Secretary of the Department of Housing and Urban
Development to require disclosure of a person’s SSN (or the SSNs of members of a
person’s household) as a condition of eligibility for any HUD program. 42 U.S.C.
§3543(a).
Section 125 of the Family Support Act of 1988, P.L. 100-485, requires each state, in
issuing birth certificates, to obtain the SSNs of the parents, unless the state
determines that there is good cause for not furnishing such number. The SSNs are
not to be recorded on the birth certificate but are to be used for child support
enforcement activities. 42 U.S.C.§405(c)(2)(C)(i ).
Section 704(a) of the same law, P.L. 100-485, requires that any dependent age two
and older listed on a tax return be identified by a SSN. 26 U.S.C.§6109(e).
Section 8008 of the Technical and Miscel aneous Revenue Act of 1988, P.L. 100-647,
authorizes any state and any authorized blood donation facility to require that blood
donors furnish their SSNs for purposes of identification. Requests to the Blood
Donor Locator Service for the mailing address of blood donors who may have the
HIV virus shal include the donor’s SSN. 42 U.S.C. §405(c)(2)(D)(i) and §1320b-
11(c).
Section 7088 of P.L. 100-690, the Anti-Drug Abuse Act of 1988, deleted the $5,000
and $25,000 upper limits on fines that can be imposed for violations of Section 208
of the Social Security Act. The general limit of $250,000 for felonies in Title 18 of
the United States Code applies to violations under the Social Security Act. 42
U.S.C.§408(a).
1989
Section 202(b)(2)(A) of the Child Nutrition and WIC Re-authorization Act of 1989,
P.L. 101-147, amends the National School Lunch Act to specify that the member of
the household who executes the application for the school lunch program must
furnish only the SSN of the parent or guardian who is the primary wage earner
responsible for the care of the child for whom the application is made. Only if
verification of the application data is necessary may the Secretary require the SSNs
of al adult household members. 42 U.S.C. §1758(d). Partial repeal and amendment,
see P.L. 111-296.
Section 301(a)(3) of the Coast Guard Authorization Act of 1989, P.L. 101-225,
requires the SSNs of owners of certain registered seagoing vessels for use in the
identification of such vessels. 46 U.S.C. §§12103, 12501, 12503.
Section 2008 of the Omnibus Budget Reconciliation Act of 1989, P.L. 101-239,
authorizes development of a National Student Loan Data System containing
information on student loans, including the SSNs of borrowers. 20 U.S.C.
§1092b(a)(2).
1990
Section 8053(a) of the Omnibus Budget Reconciliation Act of 1990, P.L. 101-508,
requires the SSN of any person applying for benefits under Department of Veterans
Affairs programs. This section also requires the SSN (if assigned) of any dependent
or beneficiary on whose behalf a person applies for veterans benefits. 38 U.S.C.
§5101(c)(1).
Section 11112(a) of the same Act, P.L. 101-508, requires any dependent who has
attained age one before the close of the year to be identified by a SSN for tax
purposes. This section applies to returns for taxable years beginning after December
31, 1990. 26 U.S.C. §6109(e).
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Section 1735(a) of the Food, Agriculture, Conservation, and Trade Act of 1990, P.L.
101-624, authorizes the Secretary of Agriculture to require the SSN of officers of
wholesale food and retail stores that redeem food stamps. Such numbers are to be
kept for the sole purpose of determining whether applicants have been previously
sanctioned or convicted under the Food Stamp Act. 42 U.S.C. §405(c)(2)(C)(i i)(I).
Section 2201(a) of the same Act, P.L. 101-624, requires SSNs as a condition of
eligibility for participation in the multiple peril crop insurance program. 7 U.S.C.
§1506(m)(1).
Section 2201(b) of the same Act, P.L. 101-624, authorizes the Federal Crop
Insurance Corporation to require each policyholder and each reinsured company to
furnish to the insurer or Corporation the SSN of such policyholder. The SSN of
each individual who holds a substantial beneficial interest in the policyholder may
also be required. 42 U.S.C. §405(c)(2)(C)(iv).
Section 2201(c) of the same Act, P.L. 101-624, requires that SSNs maintained as a
result of any law enacted on or after October 1, 1990, will be kept confidential, and
may not be disclosed; penalties for unauthorized disclosures are provided. 42 U.S.C.
405(c)(2)(C).
Section 3611 of the Crime Control Act of 1990, P.L. 101-647, adds federal debt
col ection procedures to be used by the United States to recover a judgement on a
debt owed to the United States. Under these procedures an application by the
United States for a writ of garnishment against a debtor’s property must include the
judgement debtor’s SSN (if known). 28 U.S.C. §3205(b)(1)(A)
1992
Section 483 of the Higher Education Amendments of 1992, P.L. 102-325, adds new
guidelines for student financial aid applications including a requirement that the
preparer of the application include his or her SSN. 20 U.S.C. §1090(e).
Section 19143(c) of the Coal Industry Retiree Health Benefit Act of 1992, P.L. 102-
486, requires that the United Mine Workers of America Combined Benefit Fund
furnish to the Commissioner of Social Security the name and SSN of each eligible
beneficiary. 26 U.S.C. §9706(c).
Section 202 of the Anti Car Theft Act of 1992, P.L. 102-519, provides that the
operator of the National Motor Vehicle Title Information System may not col ect an
individual’s SSN or enable users of the information system to obtain an individual’s
SSN. 15 U.S.C. §2042.
1993
Section 13581(a) of the Omnibus Budget Reconciliation Act of 1993, P.L. 103-66,
establishes a Medicare and Medicaid Coverage Data Bank to assist in third party
payor col ections under Medicare and Medicaid. Employers are required to provide
the TIN (SSN) of group health plan employees and their covered family members.
42 U.S.C. §1320b-14(c)(5). (see 1996 amendment, P.L. 104-226, repealing this
section).
1994
Section 1(e) of the Revision of Title 49, the Transportation Code, P.L. 103-272,
repeals the prior provisions at 49 U.S.C. App. §§2705 and 2706, and sets out similar
provisions authorizing the Secretary of Transportation to require the SSN on a
commercial driver’s license, and the operator’s SSN in the commercial driver’s
license information system. 49 U.S.C. §§31308 and 31309.
Section 1(e) of the same Act, P.L. 103-272, repeals the prior provisions at 15 U.S.C.
§2042, and sets out similar provisions prohibiting the collection or dissemination of
individual SSNs by the operator of the National Motor Vehicle Title Information
System. 49 U.S.C. §30502(e)(2).
Section 1(e) of the same Act, P.L. 103-272, repeals the prior provisions at 23 U.S.C.
§401 note, and sets out similar provisions concerning reporting certain adverse
driver’s license information to the National Driver Register by participating states’
chief driver licensing officials. 49 U.S.C. §30304.
Section 4(f)(1)(Y)(i) of the same Act, P.L. 103-272, requires persons applying for a
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loan under the Federal loan program and persons doing business with a federal
agency to furnish taxpayer identification numbers (SSNs) to the agency. 31 U.S.C.
§7701.
Section 7(b) of the same Act, P.L. 103-272, repeals the requirement set out at 26
U.S.C. §6103 note requiring SSNs of persons applying for federal loans.
Section 304 of the Social Security Independence and Program Improvements Act of
1994, P.L. 103-296, al ows state and local governments to use SSNs for determining
eligibility of potential jurors. 42 U.S.C. §405(c)(2)(E).
Section 318 of the same Act, P.L. 103-296, authorizes the Secretary of Labor to
require by regulation that workers seeking benefits under federal workers’
compensation laws provide their SSNs. 42 U.S.C. §405(c)(2)(D).
Section 300002(a) of the Violent Crime Control Act of 1994, P.L. 103-322, prohibits
the release and use of certain personal information (including SSNs) from state
motor vehicle records, with exceptions for certain permissible uses (known as the
Driver’s Privacy Protection Act). 18 U.S.C. §§2721 and 2725(3).
Section 101(a) of the Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1995, P.L. 103-333, directs federal and state agencies
to make available to the Secretary of Labor the SSNs of incarcerated persons
convicted of certain felonies for forfeiture of worker compensation benefits. 5
U.S.C. §8148(c).
Section 225 of the Bankruptcy Reform Act of 1994, P.L. 103-394, states that official
notice from a debtor to a creditor shall contain the debtor’s SSN. However, lack of
inclusion of the SSN does not invalidate the legal effect of the notice. 11 U.S.C.
§342(c).
Section 308(a) of the same Act, P.L. 103-394, requires that a non-attorney who
prepares a bankruptcy petition provide his or her SSN on the document. 11 U.S.C.
§110(c)(1) and (2).
Section 742 (a) of the Uruguay Round Agreements Act, P.L. 103-465, provides that
any taxpayer claiming an exemption or a deduction on a tax return include the
dependent’s SSN, for tax years beginning after 12/31/94. 26 U.S.C. §6109(e). (See
also P.L. 104-188.)
1996
Section 734 of the National Defense Authorization Act for 1996, P.L. 104-106,
permits the Secretary of Defense to require CHAMPUS beneficiaries to disclose
their SSNs in order to facilitate collections from third-party payors. 10 U.S.C.
§1095(k)(2).
Section 1615(a) of the Smal Business Job Protection Act, P.L. 104-188 moved the
requirement of an SSN for individuals claimed as dependents on tax returns to 26
U.S.C. §151(e). See also 26 U.S.C. §32 (c)(3)(D)(i) which requires the SSN of a
“qualifying child” for identification purposes on a tax return. 26 U.S.C. §151(e).
Section 221(a) of the Health Insurance Portability and Accountability Act of 1996,
P.L. 104-191, provides that the Health Care Fraud and Abuse Data Col ection
Program shall include the SSNs of health care providers included in the data base. 42
U.S.C. §1320a-7e.
Section 111 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, P.L. 104-193, directs the Commissioner of Social Security to develop a
prototype of a counterfeit-resistant social security card. 42 U.S.C. §405 note.
Section 202(b) of the same Act, P.L. 104-193, provides that the Commissioner of
Social Security shall furnish federal and state law enforcement officers certain
information, including SSNs, regarding Supplemental Security Income recipients
involved in the commission of a crime. 42 U.S.C. §1382(e).
Section 313 of the same Act, P.L. 104-193, requires states, as part of their efforts to
locate individuals who fail to pay child and spousal support obligations, to establish a
“Directory of New Hires.” Upon hiring a new worker, employers must furnish the
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worker’s SSN to the state directory so that information may be matched with the
federal registry and debt collection facilitated. 42 U.S.C. §653a.
Section 316 of the same Act, P.L. 104-193, directs the Secretary of Health and
Human Services to establish in the Federal Parent Locator Service an automated
registry (“Federal Case Registry of Child Support Orders”) containing certain
information including the SSNs of individuals who owe or are owed support. 42
U.S.C. §653(h).
Section 317 of the same Act, P.L. 104-193, requires that the state plan for child and
spousal support include state procedures requiring that the SSN of any applicant for
a professional license, commercial driver’s license, occupational license, or marriage
license be recorded on the application. If, however, a state allows the use of a
number other than the SSN, the state shall so advise applicants. The SSN of any
person subject to a divorce decree, support order, or paternity determination or
acknowledgment must be placed in the appropriate records, and death certificates
must include the SSNs of individuals who have died. 42 U.S.C. 666(a)(13). (see 1997
amendment, P.L. 105-33).
Section 372 of the same Act, P.L. 104-193, requires that the state plan for child and
spousal support include procedures for data matches with financial institutions using
the SSNs of non-custodial parents owing past-due support. 42 U.S.C. §666(a)(17).
Section 903 of the same Act, P.L. 104-193, provides that public housing agencies
with contracts for federal housing assistance shall furnish state or federal law
enforcement officers certain information, including the SSN of any recipient of
federal housing assistance, if the request is made in the exercise of the officer’s
official duties concerning the commission of a crime. 42 U.S.C. §1437z.
Section 2422 of the Consumer Credit Reporting Reform Act of 1996, Subtitle D of
P.L. 104-208, requires a study by the Board of Governors of the Federal Reserve
System and the FTC of whether private organizations (excluding those subject the
Fair Credit Reporting Act) make sensitive consumer identification information,
including SSNs, available to the general public. 15 U.S.C. §1681a note.
Section 414(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996, P.L. 104-208, requires the Commissioner of Social Security to provide the
Attorney General with certain information on aliens whose SSN’s have earnings
reported (after January 1, 1997), but who are not authorized to work in the United
States. 8 U.S.C. §1360(c)(2).
Section 414(b) of the same Act, P.L. 104-208, directs the Commissioner of Social
Security to issue a report to the Attorney General on the extent to which SSNs and
cards are used by aliens for fraudulent purposes. 8 U.S.C. §1360 note.
Section 415 of the same Act, P.L. 104-208, authorizes the Attorney General to
require any alien to provide the alien’s SSN for inclusion in any record of the alien
maintained by the Attorney General or the Immigration and Naturalization Service.
8 U.S.C. §1304(f).
Section 551(a) of the same Act, P.L. 104-208, requires the SSN of sponsors agreeing
to supply financial support to certain aliens working in the United States. 8 U.S.C.
§1183a.
Section 656 of the same Act, P.L. 104-208 provides federal standards for state
driver’s licenses and birth certificates when used as identification-related documents.
Driver’s licenses must contain a SSN that can be read visually or electronically,
except that if a state does not require SSNs on a driver’s license, the state must still
require applicants to submit their SSNs which must be verified with the Social
Security Administration. The Secretary of HHS is to submit a report to Congress on
ways to reduce the fraudulent use of birth certificates to obtain SSNs and other
identifying information. 5 U.S.C. §301 note. (see 1999 amendment, P.L. 106-69,
repealing this section).
Section 1 of the Medicare and Medicaid Coverage Data Bank, Repeal Act, P.L. 104-
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226 repeals the Medicare and Medicaid coverage data bank, formerly at 42 U.S.C.
§1320b-14.
Section 6(b)(1) of the Professional Boxing Safety Act of 1996, P.L. 104-272, requires
boxers to register with state boxing commissions and receive an identification card
containing certain information, including the SSNs of the boxers. 15 U.S.C. §6305.
1997
Section 4313 of the Balanced Budget Act of 1997, P.L. 105-33, requires providers
under Medicare, Medicaid and certain other health care programs to supply
identifying information (including SSNs). The same information must be provided for
entities in which medical providers under such programs have an ownership or
control interest. Before the Secretary of HHS implements these requirements, a
report is to be sent to Congress on steps taken to assure confidentiality of SSNs to
be col ected. 42 U.S.C. §1320a-3.
Section 5536 of the same Act, P.L. 105-33, changes state requirements for child and
spousal support enforcement to require the SSN on any application for a
professional license, driver’s license, occupational license, recreational license, or
marriage license. A state may use a number other than the social security number
on the face of such documents while the SSN is kept on file at the state agency. 42
U.S.C. §666(a)(13).
Section 1090 of the Taxpayer Relief Act of 1997, P.L. 105-34, requires an applicant
for an SSN under age 18 to provide his or her parents’ SSNs in addition to other
required evidence of age, identity and citizenship. 42 U.S.C. §405(c)(2)(B)(i ).
Section 1090(a)(1) and (2) of the same Act, P.L. 105-34, requires that each record in
the state case registry for child support enforcement include, after October 1, 1999,
the SSN of any child for whom support has been ordered. Such information shall
also be included in the Federal Case Registry of Child Support Orders. 42 U.S.C.
§654a(e)(4)(D) and 653(h).
Section 2 of the Census of Agriculture Act of 1997, P.L. 105-113, authorizes the
Secretary of Agriculture to conduct a census of agriculture every five years. A
person may refuse to disclose his or her SSN in response to census questions and
no penalty will be assessed for such refusal. 7 U.S.C. §2204g.
Section 211 of the Food and Drug Administration Modernization Act of 1997, P.L.
105-115, requires manufacturers to track certain devices implanted in the human
body. Patients may refuse to release, or refuse permission to release, identifying
information, including SSNs, used for tracking such devices. 21 U.S.C. §360i(e)(2).
1998
Section 419 of the Higher Education Amendments of 1998, P.L. 105-244, requires
that the SSN of a parent applying for higher education federal PLUS loan be verified.
20 U.S.C. §1078-2.
Section 482(a)(5) of the same Act, P.L. 105-244, authorizes the Secretary of the
Department of Education to include, on the financial reporting form, space for the
SSNs of parents of dependent students applying for financial assistance. 20 U.S.C.
§1090(a)(7).
Section 127 of the Department of Justice Appropriations Act, 1999, P.L. 105-277,
provides that certain personal information, including SSNs, of correctional facility
employees involved in lawsuits brought by prisoners, may not be disclosed without
written consent of the employee or pursuant to a court order, unless a verdict of
liability has been entered against the employee. (set out as a note to 42 U.S.C.
§1997e, and applicable to FY2000, and thereafter, pursuant to P.L. 106-113, Div. B,
§1000(a)(1), Title I, §109).
Section 1302(8) of the Children’s Online Privacy Protection Act of 1998, P.L. 105-
277, prohibits commercial Internet websites or online services from col ecting or
disclosing personal identifying information (including SSNs) of children under the age
of 13, except under certain circumstances. 15 U.S.C. §6501(8).
Section 101(a) of the Protection of Children from Sexual Predators Act of 1998, P.L.
105-314, makes it a federal crime for a person to transmit in interstate commerce
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The Social Security Number: Legal Developments Affecting Its Collection and Disclosure
certain identifying information (including SSNs) of minors under the age of 16, with
the intent of soliciting sexual activity. 18 U.S.C. §2425.
Section 3 of the Identity Theft and Assumption Deterrence Act of 1998, P.L. 105-
318, adds a new federal crime, “identity theft” to Title 18 of the United States Code.
This provision makes it a felony to steal another person’s personal identification
information (including a person’s SSN) with the intent to commit an unlawful act. 18
U.S.C. §1028.
1999
Section 350 of the Department of Transportation and Related Agencies
Appropriations Act, 2000, P.L. 106-69, provides, as a condition of receipt of funds
under this act, that states use an affirmative “opt-in” system for obtaining consent by
drivers to disclose driver’s personal information for use in surveys, marketing,
solicitations and certain other purposes. (not codified; but see 2000 permanent
provision, P.L. 106-346).
Section 355 of the same Act, P.L. 106-69, repeals Section 656(b) of P.L. 104-208,
which required federal standards for driver’s licenses for purposes of identification
for federal programs. 5 U.S.C. §301 note.
Title V of the Gramm-Leach-Bliley Act, P.L. 106-102, imposed privacy and security
obligations on financial institutions with respect to customers’ personally identifiable
financial information, including SSNs. 15 U.S.C. §6801 et seq.
Section 251(a) of the Foster Care Independence Act of 1999, P.L. 106-169, requires
the Commissioner of Social Security to verify the SSNs of persons applying to be
representative payees for certain World War II veterans receiving special benefits.
42 U.S.C. §1007(b)(2)(B).
2000
Section 309 of the Department of Transportation and Related Agencies
Appropriations Act, 2001, P.L. 106-346, amends the Driver’s Privacy Protection Act
to require states to obtain express consent of drivers before sharing or selling
drivers’ “highly restricted personal information” including SSNs, except under
limited circumstances. 18 U.S.C. §2721(a).
Section 3650 (Div. C., Title XXXVI of the Depts. of Defense and Energy
Appropriations Act), of the Energy Employees Occupational Illness Compensation
Program Act of 2000, P.L. 106-398, directs federal or state agencies to provide SSNs
of certain incarcerated felons to the President if requested, for forfeiture of benefits
under the energy employees occupational illness compensation program. 42 U.S.C.
§7385i(b).
Section 2 of the Social Security Number Confidentiality Act of 2000, P.L. 106-433,
provides that SSNs not be visible on or through unopened mailings of checks issued
by the Department of the Treasury. 31 U.S.C. §3327.
Section 635 of the District of Columbia Appropriations Act for FY2001, P.L. 106-
553, would have prohibited the sale or display of SSNs (“Amy Boyer’s Law”), but
was rescinded on the same day by Section 213(a)(6) of the Consolidated
Appropriations Act, P.L. 106-554.
2001
Section 431 of the Economic Growth and Tax Relief Reconciliation Act of 2001, P.L.
107-16, requires the SSN of a student on a taxpayer’s income tax form in order to
claim a deduction for qualified tuition expenses. 26 U.S.C. §222(d)(2).
2002
Section 602 of the No Child Left Behind Act of 2001, P.L. 107-110, amends the
National Education Statistics Act of 1994 to prohibit the maintenance of any system
of records by the Center for Education Statistics containing a student’s personal y
identifiable information, including SSNs. 20 U.S.C. §9010(c)(3)(B).
The Departments of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act for FY2002, P.L. 107-116, provides that the Secretary
of Labor may require the SSN of any person filing a claim for benefits under the
Federal Employees’ Compensation Act (5 U.S.C. §8101 et seq.), the Energy
Employees Occupational Illness Compensation Act (42 U.S.C. §7384 et seq.), or the
Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §901 et seq.). (not
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The Social Security Number: Legal Developments Affecting Its Collection and Disclosure
codified).
Section 303 of the Help America Vote Act of 2002, P.L. 107-252, requires that
states obtain certain information from persons registering to vote in federal
elections, including the applicant’s driver’s license number or the last 4 digits of the
applicant’s SSN. If an applicant has neither, the state shall assign a number to identify
the applicant for voter registration purposes. 42 U.S.C. §15483.
2003
Section 115 of the Fair and Accurate Credit Transactions Act of 2003, P.L. 108-159,
requires, upon request, the truncation of social security numbers on credit reports
provided to a consumer. 15 U.S.C. §1681g(a)(1)(A).
2004
Section 7213 Of the Intelligence Reform and Terrorism Prevention Act of 2004, P.L.
108-458, restricts replacement social security number cards to 3 per year and 10
for the life of the individual, establishes minimum standards for verification of
documents for an SSN card, and requires independent verification of birth records
for obtaining SSN cards. This section also provides for improvements to the
enumeration at birth program for the issuance of SSNs to newborns.
Section 7214 of the same Act, P.L. 108-458, prohibits states from displaying a SSN
on any driver’s license, motor vehicle registration, or personal identification card,
effective for licenses, registrations, and identification cards issued or reissued one
year after enactment. 42 U.S.C. §405(c)(2)(C)(vi)(I).
2005
Sections 221, 231, and 234 of the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005, P.L. 109-8, add provisions to discourage abusive bankruptcy
filings and to protect personally identifiable information, including social security
numbers. 11 U.S.C. §§107, 110, 342(c), and 363(b)(1)
Section 202 of the Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005, P.L. 109-13, sets minimum
standards (including social security numbers) for state driver’s license or
identification cards for acceptance by federal agencies. 49 U.S.C. §30301, note.
The Departments of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act for FY2005, P.L. 109-149, provides that the Secretary
of Labor may require the SSN of any person filing a notice of injury or claim for
benefits under the Federal Employees Compensation Act (5 U.S.C. §8101 et seq.) or
the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §901 et seq.).
(not codified).
2006
Section 3 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005, P.L. 109-162, provides that grantees under the
Violence Against Women Act of 1994 shal not disclose certain personal
information, including social security numbers, collected in connection with services
provided by grantees under that program. 42 U.S.C. §13925.
Section 605 of the same Act, P.L. 109-162, amends Section 423 of the Stewart B.
McKinney Homeless Assistance Act to provide that victim service providers not
disclose personally identifying information, including SSNs, about any client. 42
U.S.C. §11383.
Section 6036 of the Deficit Reduction Act of 2005, P.L. 109-171, specifies new
documentation requirements for Medicaid applicants to establish citizenship or
nationality. 42 U.S.C. 1396b.
Section 114 of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-
248, requires that sex offenders provide certain information for inclusion in the sex
offender registry, including the SSN of the sex offender. 42 U.S.C. §16914.
Section 2 of P.L. 109-250 provides that if a state agency responsible for a food stamp
program transmits to the Secretary of Agriculture the names and SSNs of
individuals, the Secretary shall disclose to the state agency information on the
individuals and their employers maintained in the National Directory of New Hires.
42 U.S.C. §653(j).
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The Social Security Number: Legal Developments Affecting Its Collection and Disclosure
2007
Section 304(b)(3) of the Honest Leadership and Open Government Act of 2007,
P.L. 110-81, provides that Members of the House of Representatives may omit
personally identifiable information (including SSNs) in reports required to be posted
on the Internet relating to travel expenses and ethics. 2 U.S.C. §104e.
The Consolidated Appropriations Act, 2008, P.L. 110-161, provides that the
Secretary of Labor may require the SSN of any person filing a notice of injury or a
claim for benefits under the Federal Employees Compensation Act (5 U.S.C. §8101
et seq.), the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §901 et
seq.), and the Energy Employees Occupational Illness Compensation Program Act
(42 U.S.C. §7384 et seq.).
Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007, P.L. 110-
173, requires group health plan insurers to report SSNs of subscribers and family
members to CMS for coordination of health insurance benefits with Medicare. This
provision was effective January 1, 2009. 42 U.S.C. §1395y(b)(7).
Section 202 of the Court Security Improvement Act of 2007, P.L. 110-177,
criminalizes the intentional and malicious publication of personal information
(including SSNs) of certain judicial officials and their immediate families. 18 U.S.C.
§119.
2008
Section 101 of the Economic Stimulus Act of 2008, P.L. 110-185, al ows certain tax
credits for individuals, spouses, and qualifying children with valid SSNs. 26 U.S.C.
§6428(h)(2).
Section 1603 of the Food, Conservation, and Energy Act of 2008, P.L. 110-234,
requires that persons with ownership interests in certain legal entities receiving
agricultural commodities payments provide their SSNs. 7 U.S.C. §1308-1(a)(1).
Section 451 of the Higher Education Opportunity Act, P.L. 110-315, requires the
Secretary of the Department of Education to ensure that direct student loan
statements and other Department publications do not contain more than four digits
of the SSN of any individual. 20 U.S.C. §1087e(n).
Section 483 of the same act, P.L. 110-315, provides that financial forms for student
loans developed by the Secretary of the Department of Education include space for
the SSNs of parents of dependent students seeking loans. If an applicant uses a paid
preparer to complete a financial aid form, the preparer must also include his or her
SSN. 20 U.S.C. §1090.
2009
Section 211 of the Children’s Health Insurance Program Reauthorization Act of
2009, P.L. 111-3, provides an alternative state process for verification of declaration
of citizenship or nationality for Medicaid eligibility which utilizes the SSN. 42 U.S.C.
§1396a(a)(46).
The Omnibus Appropriations Act, 2009, P.L. 111-8, provides that that the Secretary
of Labor may require the SSN of any person filing a notice of injury or a claim for
benefits under the Federal Employees Compensation Act (5 U.S.C. §8101 et seq.),
the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §901 et seq.),
and the Energy Employees Occupational Illness Compensation Program Act (42
U.S.C. §7384 et seq.).
The Consolidated Appropriations Act, 2010, P.L. 111-117, provides that the
Secretary of Labor may require the SSN of any person filing a notice of injury or a
claim for benefits under the Federal Employees Compensation Act (5 U.S.C. §8101
et seq.), the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §901 et
seq.), and the Energy Employees Occupational Illness Compensation Program Act
(42 U.S.C. §7384 et seq.).
2010
Section 1411 of the Patient Protection and Affordable Care Act, P.L. 111-148,
provides that an applicant for enrol ment in a qualified health plan through a Health
Exchange as a citizen shall provide an SSN, and also an applicant whose eligibility is
based on immigration status shal provide an SSN, if applicable. 42 U.S.C. §18081.
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Section 1414 of the same Act, P.L. 111-148, provides that the Secretary of HHS and
the State Health Exchanges established under this act may col ect and use the
SSNs of individuals to administer this act. 42 U.S.C. §405(c)(2)(C)(x).
Section 2(a) of the Social Security Number Protection Act of 2010, P.L. 111-318,
provides that no federal, state or local agency may put an SSN (or, derivative
thereof) on any check issued for payment by such agency. Effective date is
December 18, 2013. 42 U.S.C. §405(c)(2)(C)(x).
Section 2(b) of the same Act, P.L. 111-318, provides that no federal, state or local
agency may employ prisoners in any capacity that would allow such prisoners access
to the SSNs of other individuals. Effective date is December 18, 2011. 42 U.S.C.
§405(c)(2)(C)(xi).
2011
Section 502 of the United States-Korea Free Trade Agreement Implementation Act,
P.L. 112-41, amends the Internal Revenue Code to require that federal and state
prisons provide taxpayer identification numbers, usual y SSNs, of prisoners for tax
administration purposes. Effective date is September 15, 2012. 26 U.S.C. 6116.
Section 2 of the Kate Puzey Peace Corps Volunteer Protection Act of 2011, P.L.
112-57, requires that certain personal y indentifying information, including SSNs, be
restricted when a volunteer confidentially discloses the details of a sexual assault. 22
U.S.C. 2507a.
The Consolidated Appropriations Act of 2012, P.L. 112-74, provides that any person
who forwards to the Bureau of Engraving and Printing a mutilated paper currency
claim of $10,000 or more shal provide his or her taxpayer identification number.
The same Act, P.L. 112-74, provides that the Secretary of Labor may require the
SSN of any person filing a notice of injury or a claim for benefits under the Federal
Employees Compensation Act (5 U.S.C. §8101 et seq.), the Longshore and Harbor
Workers’ Compensation Act (33 U.S.C. §901 et seq.), and the Energy Employees
Occupational Illness Compensation Program Act (42 U.S.C. §7384 et seq.).
The same Act, P.L. 112-74, provides that none of the funds appropriated by this act
may be used to process claims for credits for quarters of coverage based on work
performed under a SSN that is not the claimant’s number, and the work performed
led to a conviction for certain crimes involving the SSN and false claims.
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