3.4. & 3.5. SR 06-30-1997 - Laserfiche WebLink

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SECTION 14 IA. Federal Law Requirements. 1, Use is restricted. Under federal law, the City may not compel the disclosure of an individual's social security number or deny any individual any right, benefit, or privilege provided by law because of the individual's refusal to disclose his social security number, EXCEPT that disclosure may be compelled and benefits may be denied for refusal to disclose if: a. disclosure of the social security number is required by federal statute; or b. disclosure is required by a statute or regulation adopted prior to January 1, 1975, for the purpose of verifying the identity of an individual, in connection with a system of records operated by a federal, state or local agency prior to January 1, 1975. (P. L. 93-579, 7, 88 Stat. 1909) 2. When disclosure may be compelled. Federal law permits any State or political subdivision of a state to require disclosure of an individual's social security number and to use an individual's social security number for the purpose of establishing the identity of the individual, in the administration of a tax, general public assistance, driver's license, or motor vehicle registration law within its jurisdiction. (42 U.S.C. § 405 (c)(2)(C),) For example, the State of Minnesota requires that homestead applications must include property owners' social security numbers. (Minn. Stat, § 273.124, subd. 13.) 3. Advisory required. A federal, state, or local government agency that requests an individual to disclose his social security number must inform the 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. (P. L. 93-579, § 7, 88 Stat. 1909.) 4. Penalty for violation. A person who discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States is guilty of a felony and subject to fine or imprisonment for up to five years, or both. B. State Restrictions. Federal law does not prevent cities from requesting voluntary disclosure of an individual's social security number when disclosure cannot be compelled, provided that the individual is informed that the disclosure is voluntary. State law, however, restricts the collection of data on individuals to that which is necessary for the administration and management of programs specifically CAH50884 GA115-26 51