Laws Limiting SSN Use and Disclosure

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• Some state have created laws protecting SSNs
• recognize that SSNs are highly sensitive pieces of information
  • thieves can use SSNs for identity theft

Indiana

• Indiana has laws protecting SSNs
  • Forbid SSNs from appearing in public documents
  • forbid state agencies from disclosing a person’s SSN to any other person or entity
  • county recorders’ office cannot accept any document that contains an SSN
    • unless the law specifically requires the document contain an SSN
  • county recorders cannot provide a recorded document to a member of the public unless they first search the document for SSNs
    • must redact it
  • state agency may not disclose a person’s SSN to anyone
    • includes:
      • an elected official’s office
      • state educational institutions
    • limited exception where a state agency is allowed to disclose an SSN if:
      • A person gives explicit written consent for the disclosure of his or her SSN
      • The disclosure is required by state or federal law
      • The disclosure is required by a court order
    • state agency employee is responsible for any penalties for violation
      • if “knowingly, intentionally, or recklessly” discloses SSN:
        • is a criminal sanction
        • level 6 felony
        • can result in a prison term between 6 months and 2.5 years
        • fine up to $10,000
      • if negligently discloses an SSN:
        • is a Class A civil infraction
        • cannot be imprisoned
        • fine up to $10,000

Arizona

• Arizona law prohibits:
  • printing an SSN on government or private identification cards
  • the transmission of a person’s SSN over an unsecured internet connection

California

• California law prohibits:
  • companies from requiring people to transmit an SSN over the internet
    • unless the connection is secure or the SSN is encrypted
• Federal laws such as release of federal tax liens require the use of an SSN