chris@grkermit.UUCP (05/18/84)
I recently took a careful look at the regulations about Social Security Numbers and privacy, and the definitive answer is that Federal law only restricts Federal, State, and Local, Governments from asking from your SSN Without permission. (and I'm not sure about that.) Private organizations and individuals are only requested not to use them. I couldn't find anything which referred to the restrictions on banks and other psuedo-private organizations that are required by the government to get your SSN. Anyway, the laws only restrict branches of government from insisting on your SSN, not private individuals. The Social Security Administration does try to dissuade companies from using it, but they don't have the force of law behind them. >From an unidentified publication I got from the Social Security Administration after I called and asked enough questions: "The privacy act of 1974 made it unlawful for any Federal, State or local government agency to deny individuals any right, benefit or privilege provided by law because of their refusal to disclose their SSN. However, this legislation was not applicable to situations where disclosure of the SSN was required by Federal Statute, or where the system of using the SSN to verify identity was in existence and operating before Jan 1, 1975. Any Federal, State or local agency which requests individuals to disclose their SSN is required to inform them whether disclosure is mandatory, or voluntary, by what authority the number is solicited and what uses are to be made of it. "On October 4, 1976, the `Tax Reform Act of 1976' was signed into law. This new legislation permits any State (or political subdivision) to use the SSN in the administration of any tax, general public assistance, driver's license, or motor vehicle registration law for the purposes of establishing identity. Social Security records, however, continue to remain confidential." I think the interpretation of the two above together is that the Division of Motor Vehicles may insist on getting your SSN in order to cross-check your identity and status with other states, but you can insist that the number not appear on your license. That's the interpretation they made when I got my Massachusetts license--They insisted on having my SSN, but agreed not to use it as my Driver's License number. >From a slightly better identified Social Security document (TN 4388 4-78 pages 2885-2886) [It appears to be advice to people within SSA about what to say when people like us ask hard questions]: Section 2882. SSN Given Voluntarily by Holder SSA prefers that any public agency or private organization that is not expressly and specifically authorized by Federal law to use the social security numbering system not be given access to, or verification of, a person's SSN even if volunteered by the individual. SSA will not comply with requests from an agency or organization for service or information which would involve disclosure of confidential information unless the subject individual consents. Individuals should be advised that there is no legal requirement that they give a private organization their SSN. ... Public Law 93-579 provides that any Federal, State, or local government agency which requests an individual to disclose his SSN shall inform that individual whether the disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it. Section 2885. Responding to Adverse Criticism "... Once an SSN has been assigned, SSA has no control over who might request an individual to provide it. Explain that disclosing the SSN is a personal matter between the individual and the requesting organization and that an individual is not required to furnish the SSN to any private organization (see Sections 2881 [I don't have a copy of it] and 2882) However, point out that SSA has no authority to require an organization to provide service to anyone refusing to disclose an SSN. "Emphasize that SSA records are confidential and that knowledge of a person's SSN does not give the user access to information in SSA files which is confidential by law and regulation." I'm sorry I can't tell you different, but it looks like credit bureaus are within their rights in refusing to deal with you if you don't give them your SSN. However, you should never have to give your SSN to anyone in the government unless they can furnish a written statement telling who gave them permission to ask and why, and whether you're required to comply. Most states will let you get a driver's license without your SSN on it, but you may have to be willing to fight them for an hour.