GN 03325.002 Disclosure of Social Security Numbers (SSN) Without Consent A. Policy In cases in which SSA may disclose SSNs, the requester must provide sufficient information for SSA to locate the SSN and to determine if the request meets SSA’s disclosure criteria. Because of the sensitivity of the SSN as a unique personal identifier, SSA has established the following principles that govern decisions to disclose SSNs. 1. When Federal Law Requires SSA to Disclose SSNs When a Federal law requires SSA to disclose SSNs, regardless of the purpose stated in the law, SSA will comply with the law and disclose SSNs based on the statutory mandate to disclose. NOTE: A Federal law that authorizes another government agency to collect and use the SSN is not the same as a Federal law requiring SSA to disclose the SSN. In order for SSA to disclose the SSN under this principle, the statute must mandate that SSA disclose SSNs. Examples of Federal laws requiring SSA to disclose: 5 U.S.C. § 8347(m)(3) (Office of Personnel Management (OPM) statute) requires SSA to provide information, including SSNs, to OPM, upon written request, to administer Federal employee civil service programs. 8 U.S.C. 1360(c) (Department of Homeland Security (DHS) statute) requires SSA to disclose identity and location information (including SSNs) to the Department of Justice, Office of Special Investigations, for the purpose of taking legal action against suspected Nazi war criminals in the United States. 8 U.S.C. 1360(c) (Department of Homeland Security (DHS) statute) requires SSA to disclose certain tax return information to DHS about aliens assigned SSNs for non-work purposes but who have earnings that have been posted to those SSNs. 38 U.S.C. § 5106 (Department of Veterans Affairs (DVA statute) requires the head of any Federal department or agency, including SSA, to provide information, including SSNs, to the DVA for purposes of determining eligibility for or amount of VA benefits, or verifying other information with respect thereto. 42 U.S.C. § 405(r) (Section 205(r) of the Social Security Act) requires SSA to add death and fraud indicators when verifying SSNs for employers and State agencies issuing driver’s licenses and identify cards. NOTE: In implementing this provision of law, SSA will not disclose fraud codes. Rather, the fraud codes will be used as a verification factor. 42 U.S.C. 404(x)(3)(C) (Section 205(x)(3)(C) of the Act) 50 U.S.C. App. 462 (Military Selective Service Act (MSSA)) requires SSA to disclose names, SSNs, dates of birth, and addresses of individuals required to register with the Selective Service System for the purpose of enforcing selective service registration under the MSSA. § 405(c)(2)(C)(iii) (Section 205(c)(2)(C)(iii) of the Act) allows the Secretary of Agriculture to require participants in the food stamp program to furnish their SSNs and to use the SSN for other administrative purposes or enforcement of the Food Stamp Act of 1977. and 42 U.4. § 552a(b)) contains 12 exceptions that allow Federal agencies to disclose information without the written consent of the individual to whom the information pertains.). The routine use exception allows Federal agencies to disclose SSNs to third parties without the consent of the individual to whom the information pertains for a purpose that is compatible with the purpose for which the information was collected. See GN 03301. and unemployment compensation).ba. SSA has established a number of routine uses for the Master Files of Social Security Number (SSN) Holders and SSN Applications System of records that allow the disclosure of SSNs to third parties. or other matters of benefit status in an income-maintenance or health-maintenance program that it administers.C.S. § 552a(b)(3)).C.S. food stamps. SSA may disclose the SSN to that agency. through the Regional or Central Office Privacy Act Coordinator (see http://co.C. Disclosure is Allowed Under One or More of the Privacy Act’s Disclosure Exceptions (5 U. 3. Office of the General Counsel. § 405(c)(2)(C)(i) (Section 205(c)(2)(C)(i) of the Act) provides that States may require applicants for general public assistance to furnish their SSNs. Questions concerning whether a Federal law authorizes the use of the SSN in an income-maintenance program or health-maintenance program should be referred to the Office of Public Disclosure. 4. for a discussion of these disclosure exceptions. NOTE: The Federal law must specifically authorize the agency’s use of the SSN or authorize or require SSA to disclose the SSN. for contact information). 2..S.4. § 552a(b)) The Privacy Act (5 U. Examples of Federal laws that authorize use of the SSN in income-maintenance or health- maintenance program are: 42 U.002A. Medicaid. State.020B.S.gov/ ogc/OPD/html/personnel. SSA applies the Privacy Act disclosure exceptions to requests for SSNs on a case-by-case basis.C.ssa. benefit amounts.S.g. Disclosure Under the Privacy Act Routine Use Disclosure Exception One of the Privacy Act’s 12 disclosure exceptions is the routine use exception (5 U. 42 U. When Federal Law Authorizes Use of the SSN in an Income-Maintenance or Health-Maintenance Program or Requires SSA to Disclose SSNs When a Federal law authorizes a Federal.S. This system of records and the routine uses can be reviewed on SSA’s Internet . § 1320b—7 (Section 1137 of the Social Security Act (Act) requires the States to collect the SSN of applicants for certain programs (e.C.C.htm. The Privacy Act exception that SSA uses most frequently to disclose SSNs is the routine use exception (see discussion in GN 03325. or local government agency to collect and use the SSN to determine eligibility for benefits. B. rape. C. drug trafficking). Also. GN 03315. Justification for Disclosure The requester must provide SSA with sufficient information to determine that the request meets SSA disclosure criteria.010B. a law enforcement request for an SSN must meet all of SSA’s criteria for disclosing information for law enforcement purposes (see GN 03312.3.000 for specific criteria for law enforcement requests).2.002D. The law enforcement agencies seeking an SSN must provide SSA with sufficient information in writing demonstrating how the SSN is relevant to the criminal activity being pursued. . and GN 03315. 2. EXCEPTION: In some cases in which a requester is able to provide only a name and date of birth.g.htm.002D.Criteria For Disclosing SSNs 1.S.000.gov/foia/bluebook/60-0058. Policy . the SSN may be disclosed if a single record is located based on an exact match of the name and date of birth provided to SSA. SSA’s policy concerning disclosure of information for law enforcement activities is discussed thoroughly in GN 03312. or father’s name. murder. Disclosure for Law Enforcement Purposes Disclosure for a law enforcement purpose is one of the Privacy Act disclosure exceptions (5 U. The most frequent disclosures of SSNs based on the routine uses are discussed in GN 03325... if SSA’s disclosure criteria are met. 5.socialsecurity.. mother’s maiden name.website. § 552a(b)(7)).010A. or criminal activity involving the Social Security program or another program with the same purposes. http://www. and at least one of the following pieces of identifying information to assist SSA in determining that the SSN being sought has been assigned to the person in question: place of birth. date of birth. kidnapping. Policy-Disclosure Of SSNs Of Deceased Individuals See GN 03325.C. decisions to disclose SSNs are made on a case- by-case basis for criminal law enforcement activity when a written request is received for information about: an individual who has been indicted for or convicted of a serious crime (e.4. Under SSA’s law enforcement disclosure policy. Identifying Information Required A requester of an SSN must provide SSA with the name. The “REFERENCES” column identifies cross-references that contains additional discussion relevant to the purpose of a disclosure discussed in the chart.015A. Regional offices and field offices should follow regional procedures when handling court orders. NOTE:See GN 03325.This notice can be viewed on SSA’s webpage at http://www.000 for the procedure to follow when handling requests for SSNs. Other disclosures may be authorized under a routine use listed in the notice of the Privacy Act system of records. D. OGC. Disclosure of SSNs to Federal Agencies The chart below identifies the most common disclosures of SSNs to Federal agencies. Policy-Pre-Approved Disclosures Of SSNs The following are the most common SSN disclosures allowed under SSA disclosure policy.S. U. 1 (20 C. GN 03313. NOTE: SSA does not have the legal Citizenship and authority to disclose information about . AGENCY OR ENTITY PURPOSE OF DISCLOSURE REFERENCES Court order The Commissioner is a party to GN 03330. that is alleged to be essential to his/her defense.095 (DHS). The listings are not intended to be all inclusive. Unless otherwise noted in the chart. 1. Central office components should discuss these cases with OPD. Department of Pursuant to a written request to identify GN 03312.socialsecurity.R. Disclosure is specifically permitted by Regulation No.3 and Homeland Security and locate aliens in the United States. the component receiving a request may disclose SSNs for the purpose stated.F.gov/foia/bluebook/60-0058. Master Files of Social Security Number (SSN) Holders and SSN Applications System. other than his/her own. EXAMPLE:A defendant in a criminal proceeding needs information from SSA records. Part 401) as stated in any POMS subchapter in GN 033.000 the proceedings.htm. or For due process in a criminal proceeding. S.C. citizens to DHS. Internal Revenue Code (IRC) (26 U. when appropriate. Service (IRS) DOT. and GN purpose of detecting. IRS Disclosure of the SSNs of parents for GN 03313.070A.001B.015A. only information about the aliens can be disclosed. statutory authority to benefit status in income-maintenance or collect and use the health-maintenance programs. section 6103 of the Internal Revenue 03312. citizens and aliens. 03313. benefit GN 03325. Department of To determine eligibility for VA benefits GN 03313. DOJ Pursuant to a written request for the GN 03312.002A. Department of For tax administration as defined in GN 03313. investigating. Justice (DOJ) the Social Security Act (Act).005.6. items 1. If DHS requests (USCIS) information and SSA determines that the information pertains to both U..060 children under age 18 to administer sections of the IRC which grant tax benefits based on support or residence of children. Department of To investigate and prosecute violations of GN 03312. AGENCY OR ENTITY PURPOSE OF DISCLOSURE REFERENCES Immigration Services U. taking legal action against suspected Nazi war criminals in the United States. GN 03312. with Federal amounts. and. including 03312.001. SSN in income- maintenance or health-maintenance programs Federal law To investigate or prosecute abuse of GN 03312.015 and GN .045 Veterans Affairs or verifying other information with (DVA) respect thereto. or other matters concerning and 2. § 6103). GN enforcement social security programs.045.S.060 and GN Treasury (DOT).S. Federal agencies To determine benefit eligibility. 005A. Unless otherwise noted in the chart..001D for the procedure to follow when handling requests for SSNs.050 Management (OPM) for retired Federal Civil Service employees. to administer the Railroad Unemployment Insurance Act. kidnapping or holding of hostages. GN income..025. AGENCY OR ENTITY PURPOSE OF DISCLOSURE REFERENCES agencies misuse of the SSN. Selective Service To enforce draft registration concerning GN 03313. the component receiving a request may disclose SSNs for the purpose stated. SSA will release 03312. items 2. Railroad Retirement To administer provisions of the Railroad GN 03313. or other income. Office of Personnel To administer OPM’s pension program GN 03313.040.001D. 5.030.075 System (SSS) young men required to register with the SSS. and GN information to the requesting Federal law 03325. 2. 03312. In such cases. AGENCY PURPOSE REFERENCES State or local To determine benefit eligibility. or other matters concerning benefit 03314. or in a threat to national security or a life- threatening situation such as an act of terrorism. The “REFERENCES” column identifies cross-references that contain additional discussion relevant to the purpose of a disclosure discussed in the chart. Disclosure of SSNs to State or Local Agencies The chart below identifies the most common disclosures of SSNs to State and local agencies. for criminal law enforcement purposes when the individual in question has been indicted for or convicted of a violent crime. benefit GN 03314.. and enforcement agency. GN maintenance or health-maintenance 03312. NOTE: See GN 03325.002A. amounts. GN programs.055 Board (RRB) Retirement and Social Security Acts relating to railroad employment. and . AGENCY PURPOSE REFERENCES maintenance or status in income-maintenance or health. Ensuring complete birth record registration by matching vital records with neonatal test results. Vital Statistics administering public health and income (BVS) Agencies maintenance programs and in statistical research and evaluation projects such as: Establishing public immunization registries. maintenance programs when these agencies maintenance have authority under Federal law to collect agencies and use the SSN in such programs. Unemployment compensation Food stamps.2.001. State Law To investigate or prosecute abuse of social GN 03312. and XVI. 1320—7b): Temporary Assistance for Needy Families. Guam and American Samoa). and State adult assistance programs (Social Security titles I. Medicaid.2. “Healthy Start. which apply to Puerto Rico. 03325. Infants and Children (WIC) nutrition programs. EXAMPLE: The following programs listed in section 1137 of the Social Security Act (42 U.002A. State Bureau of For use as a primary identifier in GN 03325. XIV. and Evaluating the efficacy of intervention programs such as Women. X. Conducting studies of factors contributing to infant mortality by linking birth and death records.” or other health maintenance programs. health. the Virgin Islands. NOTE: The disclosure of SSNs is limited to the SSNs of newborns issued via SSA’s Enumeration at Birth (EAB) program.002A.C.S. GN . 030. General For any purpose when GN 03316.010 .doc. and GN the individual in question has been indicted 03325.. SSA will release 03312. The “REFERENCES” column identifies cross-references that contain additional discussion relevant to the purpose of a disclosure discussed in the chart.003A.002.080 and GN 03325. or Local Agencies The chart below identifies the most common disclosures of SSNs to non-governmental entities. GN information to the requesting State or local 03312. records Foreign To administer the social GN 03316.. Unless otherwise noted in the chart. and instructions on how they may submit requests To correct earnings electronically. Disclosure of SSNs to Entities Other Than Federal.A. or other income or health maintenance 03312. GN 03315. AGENCY PURPOSE REFERENCES Enforcement security programs. State. GN agencies SSN. the component receiving a request may disclose SSNs for the purpose stated. or convicted of a violent crime.010A.2. for the procedure to follow when handling requests for SSNs. GN law enforcement agency. 3.ssa. NOTE: See GN 03325. kidnapping or holding of hostages (see GN 03312.090 countries that security program of are parties to country that is a party to totalization the totalization agreements agreement. or in a threat to national security or a life- threatening situation such as an act of terrorism.020. for Social Security Act. including misuse of the 03312. GN programs.gov/employer/evs2002.002A..5.035. In such cases.005.095. 03312. for handling these requests).4. and State or local Social NOTE: Encourage employers to submit requests for Security taxes for SSN verifications electronically.001D. THIRD PARTY PURPOSE REFERENCES Employers To report FICA taxes GN 03316. GN for criminal law enforcement purposes when 03325. You may refer employees under them to SSA’s Internal webpage Section 218 of the http://www.050B. For example. THIRD PARTY PURPOSE REFERENCES public SSA records indicate (records that the number holder about (NH) is deceased.2. REMINDER: Death information SSA receives from the States can not be used to make a decision concerning disclosure.035 guardian of a incompetent person. person judicially determined to legally incompetent) 4. GN 03340.010B. for instructions for handling requests for information about deceased individuals that may affect the privacy of a living individual.b. or a deceased requester provides SSA persons) with acceptable proof of death of the NH. Parent or When acting on behalf GN 03340.” or words to that effect.025. See GN 03315.015. and GN 03315. “This record contains State death data.010.3. no information may be disclosed about the NH based solely on that State death data.010A. GN 03340. Disclosure of SSNs Pursuant to Court Orders . See GN 03315. if the Numident contains the legend. legal of the minor or and GN 03340.030. EXAMPLE: A defendant in a criminal proceeding needs information from SSA records.ssa. Disclosure is specifically permitted by Regulation No. Disclosure is required under the Freedom of Information Act. Thus.htm.socialsecurity. Office of the General Counsel (see http://co. .ba. Part 401) as stated in any subchapter in POMS Chapter GN 033. Disclosure of SSN Pursuant to Subpoenas The disclosure of an SSN pursuant to a subpoena is permitted only under the following circumstances: The subpoena meets SSA’s regulatory requirements for disclosure under pursuant to a court order (see GN 03330. The disclosure is permitted under the instructions in another section of GN 033. that is alleged to be essential to his/her defense.gov/OP_ Home/cfr20/401/401-0180. NOTE: A protective order should be sought from the court even if an order meets the criteria stated in this section.htm for SSA’s regulatory requirements for disclosure under a court order.R. 1 (20 C. central office components should consult with the Office of Public Disclosure.An SSN may be disclosed in response to a court order under the following circumstances: The Commissioner is a party to the proceedings. or The information is necessary for due process in a criminal proceeding. other than his/her own. regional and field offices should consult with the Regional Chief Counsel on these cases.gov/ogc/OPD/html/personnel. Also http://www. Disclosure may be made under the circumstances discussed above. Due process cases can be complex because a disclosure may affect the privacy rights of someone other than the defendant. 5. for contact information).000 for procedures for handling court orders).F.