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Other than such formatting and index descriptions, all information below in this file is the responsibility of the PRC, and any questions regarding that information should be directed to the PRC at: Phone: 619-298-3396 (800-773-7748 Calif. only) Fax: 619-260-4753 E-mail: prc@teetot.acusd.edu ------------------------------------------------------------------------- Privacy Rights Clearinghouse Fact Sheet #10 My Social Security Number: How Secure Is It? When Social Security numbers were first issued in 1936, the federal government assured the public that use of the numbers would be limited to Social Security programs. Today, however, Social Security numbers are used for many purposes, including employee files, medical records, credit reports and banking information. In fact, the Social Security number (SSN) is now required for dependents over one year of age, and is the most frequently used recordkeeping number in the United States. Why is my Social Security number used so often as an identification number? Computer records have replaced paper filing systems in most businesses and government agencies. Since more than one person may share the same name, accurate retrieval of information works best if each file is assigned a unique number. Many businesses and government agencies believe the Social Security number is tailor-made for this purpose. Why is it important to keep the Social Security number private? Banks and credit card companies are reporting an increase in SSN- related fraud. Even though the SSN offers advantages for identification and recordkeeping purposes, the widespread use of SSNs makes invasions of privacy and fraud easier to commit. With the Social Security number accessible to so many people, it is relatively easy for someone to fraudulently use your SSN to assume your identity and gain access to your bank account, credit services, utility billing information, driving history, and other sources of personal information. Your Social Security number is also frequently used as your identification number in a wide variety of computer data bases, giving access to information you may want kept private and allowing an easy way of linking data bases. Therefore, it is wise to limit access to your Social Security number whenever possible. Why do financial transactions require my Social Security number? In 1961 the Internal Revenue Service began using Social Security numbers as taxpayer ID numbers. Therefore, SSNs are required on records of transactions in which the IRS is interested. That includes most banking, stock market, property or other financial transactions as well as employment records. Since your Social Security number must be included on all of these sensitive financial documents, it is important to limit other uses of the number. Can my employer use my Social Security number as an employee identification number? Yes. However, the Social Security Administration discourages employers from displaying Social Security numbers on documents that are viewed by other people, such as badges, parking permits or on lists distributed to employees. Employers do, however, need each employee's Social Security number to report earnings and payroll taxes. Am I required to give my Social Security number to government agencies? It depends upon the agency. Some government agencies, including the Internal Revenue Service, welfare offices and the Department of Motor Vehicles, can require your Social Security number. Others may request the SSN in such a manner that you are led to believe you must provide it. The Privacy Act of 1974 requires all government agencies--federal, state and local--which request Social Security numbers to provide a "disclosure" statement on the form. This statement tells you if you are required to provide your Social Security number or if it is optional, how the SSN will be used and what will happen if you refuse to provide it. If you are asked to give your Social Security number to a government agency and no disclosure statement is included on the form, complain and cite the Privacy Act. Can a school demand my Social Security number? Schools that receive federal funding must comply with the Family Educational Rights and Privacy Act (FERPA, also known as the "Buckley Amendment," enacted in 1974) in order to retain their funding. One of FERPA's provisions requires written consent for the release of educational records or personally identifiable information. The courts have stated that Social Security numbers fall within this provision. FERPA would apply to state colleges, universities and technical schools that receive federal funding. An argument can be made that if such a school displays students' SSNs on identifi-cation cards or distributes class rosters or grades listings containing SSNs, it would be violating FERPA. However, many schools and universities have not interpreted the law this way and continue to use SSNs as a student identifier. To succeed in obtaining an alternate number to the SSN, you will probably need to be persistent and cite the law. When the school is a private institution, your only recourse is to work with the administration to change the policy or at least to let you use an alternate identification number as your student ID. Social Security numbers may be obtained by colleges and universities for students who have university jobs and/or receive federal financial aid. Public schools, colleges and universities that ask for your SSN fall within the provisions of another federal law, the Privacy Act of 1974. This act requires such schools to provide a disclosure statement telling students how the Social Security number is used. If you are required to provide your SSN, be sure to look for the school's disclosure statement. If one is not offered, you may want to file a complaint with the school, citing the Privacy Act. Do I have to provide my Social Security number to private businesses? Usually you are not legally compelled to provide your Social Security number to private businesses--including private health care providers and insurers--unless you are involved in a transaction in which the Internal Revenue Service requires notification. (MediCal and Medicare are government health plans and can require a Social Security number.) There is no law, however, which prevents businesses from requesting your Social Security number, and there are few restrictions on what businesses can do with it. Also, even though you are not required to disclose your Social Security number, the business does not have to provide you with service if you refuse to release it. If a business insists on knowing your Social Security number when you cannot see a reason for it, speak to an administrator who may be authorized to make an exception or who may know that company policy does not require it. If the company will not allow you to use an alternate number, you may want to take your business elsewhere. Credit card applications usually request Social Security numbers. Your number is used primarily to verify your identity in situations where you have the same or a similar name to others. Although most credit grantors will insist on having your SSN, you may be able to find a credit grantor who will provide you credit without knowing your SSN, especially if you are persistent. How can I avoid releasing my Social Security number? Here are some strategies to protect your Social Security number: 1. Adopt an active policy of not giving out your SSN unless you are convinced it is required or is to your benefit. Make people show you why it is needed. 2. Never print your Social Security number on your checks, business cards, address labels or other identifying information. And do not carry your SSN card in your wallet, which could be lost or stolen. Attempt to resist merchants' requests to write your SSN onto your checks. Explain how you could become a victim of banking fraud if someone were to use your SSN and account number to gain access to your bank account. 3. Request a copy of your Social Security file every three years to make certain the information in the file is correct. Contact the Social Security Administration at (800) 772-1213 to request your estimate of Social Security earnings and benefits. If incorrect information is recorded, contact the Social Security Administration immediately. Someone may be fraudulently using your SSN number. 4. If a private business requests your Social Security number: o Leave the space for the Social Security number on the form blank or write "refused" in that space. o Speak to someone in authority or write to the business and explain why you do not want your Social Security number used to identify you. If you do not receive satisfaction from the first person you contact, go to a person in the organization with more authority. Sometimes the first person you contacted has been told no more than to be sure the form is filled out completely. o Insist that the company document its policy of requiring a Social Security number. If a written policy cannot be found or too much time is taken hunting for one, the business may allow you to use an alternate number. o Ask why your Social Security number is requested and suggest alternatives. o If the company insists on having your Social Security number, tell it you will take your business elsewhere. If the company persists, follow through on your promise. 5. Utilities cannot deny you service if you refuse to provide your Social Security number. However, a deposit may be required if you will not provide the information. 6. If your employer releases your Social Security number, you may want to explain why you object to its release. Most employers do not treat Social Security numbers as confidential information. But they may be willing to change their policy when they understand the twin dangers of invasion of privacy and fraud. 7. If your bank, credit union or other financial service provider uses your Social Security number as a personal identification number (PIN) or as the identifier for banking by phone, write a letter of complaint. Demand to have a different PIN and/or identification number assigned. Explain why the SSN is an extremely poor choice for a banking security or identification code. For more information The Social Security Administration can provide information on your Social Security files. Call (800) 772-1213 to learn how to request your estimate of Social Security earnings and benefits. Or contact your local Social Security Administration office. The phone number is listed in the White Pages of the phone book in the U.S. Government section. Computer Professionals for Social Responsibility is a nonprofit organization that is actively involved in efforts to control the misuse of Social Security numbers. For more information, write: CPSR, 666 Pennsylvania Ave. SE, Suite 303, Washington, DC 20003. For more information on Social Security numbers and other privacy-related issues, contact the Privacy Rights Clearinghouse hotline at (800) 773-7748. The Privacy Rights Clearinghouses gratefully acknowledges the assistance of Chris Hibbert of Computer Professionals for Social Responsibility in preparing this fact sheet. June 1993 Hotline: (800) 773-7748