[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Notices]
[Pages 16155-16156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7713]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Administration
Privacy Act of 1974; Report of New Routine Use
AGENCY: Social Security Administration (SSA), Department of Health and
Human Services (HHS).
ACTION: New routine use.
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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and
(11)), we are issuing public notice of our intent to establish a new
routine use applicable to the Master Files of Social Security Number
(SSN) Holders and SSN Applications, HHS/SSA/OSR, 09-60-0058. The
proposed routine use will allow SSA to verify the personal
identification information presented to State motor vehicle agencies
(MVA) by individuals seeking drivers' licenses and identification
cards. This verification service will assist those MVAs' efforts to
determine whether the identification information used by individuals to
obtain such documents is correct.
We invite public comment on this publication.
DATES: We filed a report of a new routine use with the Chairman,
Committee on Government Reform and Oversight of the House of
Representatives, the Chairman, Committee on Governmental Affairs of the
Senate, and the Administrator, Office of Information and Regulatory
Affairs, Office of Management and Budget on March 8, 1995. The routine
use will become effective as proposed, without further notice on May 8,
1995, unless we receive comments on or before that date that would
result in a contrary determination.
ADDRESSES: Interested individuals may comment on this publication by
writing to the SSA Privacy Officer, Social Security Administration,
Room 3-A-6 Operations Building, 6401 Security Boulevard, Baltimore,
Maryland 21235. Comments may be faxed to (410) 966-0869. All comments
received will be available for public inspection at that address by
making arrangements with the contact person below.
FOR FURTHER INFORMATION CONTACT: Mrs. Alicia Matthews, Social Insurance
Specialist, Office of Disclosure Policy, Social Security
Administration, 3-D-1 Operations Building, 6401 Security Boulevard,
Baltimore, Maryland 21235, telephone 410-965-1723.
SUPPLEMENTARY INFORMATION:
A. Discussion of Proposed Routine Use
Under the national policy established by section 205(c)(2)(C)(i) of
the Social Security Act (the Act) States are authorized to use the SSN
in the administration of their drivers' license laws for the purpose of
establishing the identity of individuals affected by such laws, and may
require any individual affected by such laws to furnish to the States
(or any agency having administrative responsibility for such laws) his
or her SSN. Some MVAs use the SSN to establish the identity of
individuals being issued drivers' licenses. Some MVAs also use the SSN
to establish the identity of individuals being issued identification
cards. Federal law does not specifically authorize the States' use of
the SSN for the issuance of general identification cards.
Documents such as the driver's license and the State-issued
identification card can be used to establish identity for Federal
programs and State and local public assistance programs. The driver's
license and identification card can also be used to establish identity
for personal and commercial purposes, such as establishing credit and
check cashing. State agencies which issue identification documents such
as drivers' licenses and identification cards are likely points at
which persons might attempt to use SSNs that were not assigned to them
in schemes to deceive those agencies and obtain the desired documents.
Section 208(a)(7) of the Act provides that any person who, with intent
to deceive, represents that an SSN is the one that was assigned by the
Secretary of HHS to him or her, when in fact it was not assigned to
that person, is guilty of a felony, and upon conviction may be fined,
imprisoned, or both.
SSA considers performing verification services for State MVAs as a
legitimate function in the administration of the Act. Although the
verification services are not specifically mentioned in section
205(c)(2)(C)(i) of the Act, they will assist States in using SSNs as
authorized by that statute in administering their driver's license
laws. In addition, such verification services will help the States
detect and [[Page 16156]] deter the illegal conduct described in
section 208(a)(7) of the Act.
Moreover, verification of information identifying individuals in
MVA records would have a positive impact on the administration of
Federal and State programs administered by State and local governments,
such as those providing medical services, cash payments, child support
enforcement and other types of assistance. MVA records are useful to
these agencies, and they are required or authorized by law to use SSNs
to identify individuals in connection with these programs. See,e.g.,
sections 205(c)(2)(C)(i) and (v) and 1137 of the Act (42 U.S.C.
405(c)(2)(C)(i) and (v) and 1320b-7). By assisting MVAs with their
efforts to obtain and maintain accurate information identifying
individuals who apply for, or are issued, drivers' licenses or
identification documents, SSA would help make MVA records more useful
to these assistance programs.
SSA disclosure of information from the Master Files of SSN Holders
and SSN Applications system of records under currently published
routine uses may involve providing the correct SSN to an entity when it
either has no SSN, or has an incorrect one for a particular individual,
or verifying only the fact that an entity has the SSN associated with a
particular individual in this system of records. Under the proposed
routine use, SSA would only verify that the personal identifying data
submitted by the State MVAs match or do not match data in this system
of records, and identify the data elements that do not match. SSA would
not disclose the data contained in this system of records (such as name
or SSN) if the MVA has non-matching data.
The proposed routine use statement will read as follows:
``Personal identification data (i.e., name, SSN, and date of birth)
concerning individuals who apply for, or are issued, drivers' licenses
or other identification documents may be verified for State motor
vehicle agencies (MVA) that issue such licenses or documents. In
performing such `verification,' SSA may indicate whether the
identifying data furnished by a State MVA concerning an individual
match or do not match data maintained in this system of records, and
SSA may identify the particular data elements that do not match. SSA
will not disclose information from this system of records which does
not match the information furnished by the State MVA.''
We are not publishing in its entirety the notice of the system of
records to which we are adding the proposed new routine use statement.
A notice of that system, the Master Files of Social Security Number
(SSN) Holders and SSN Applications, HHS/SSA/OSR, 09-60-0058, was last
published in the Federal Register at 60 FR 12964, March 9, 1995.
B. Compatibility of Proposed Routine Use
We are proposing the changes discussed above in accordance with the
Privacy Act (5 U.S.C. 552a(a)(7), (b)(3), and (e)(11)) and our
disclosure regulation (20 CFR part 401).
The Privacy Act permits us to disclose information about
individuals without their consents for a routine use, i.e., where the
information will be used for a purpose that is compatible with the
purpose for which we collected the information. The drivers' licenses
and identification cards issued by the MVAs to administer their laws
also can be used to establish the identity of individuals for Federal
program purposes, and purposes of State and local public assistance
programs.
SSA collects and maintains SSNs and other personal identification
data in the Master Files of Social Security Number (SSN) Holders and
SSN Applications in order to identify and retrieve information about
individuals in SSA records, to administer programs for which SSA is
responsible, and to detect the use of an SSN by a person to whom that
SSN was not assigned. As mentioned above, State MVAs use such
information for the same or similar purposes. Providing verification
services to State MVAs would assist the implementation of the national
policy described in section 205(c)(2)(C)(i) of the Act, would assist
the detection and deterrence of conduct that violates section 208(a)(7)
of the Act, and would support the effective and efficient
administration of various assistance programs by State and local
governments. For these reasons, we find that providing verification
services to State MVAs serves purposes that are compatible with
purposes for which SSA collects the identification information that
would be disclosed in performing those services and meets the criteria
of the Privacy Act for the establishment of a routine use. Providing
such services under a routine use is also permitted by 20 CFR 401.115.
C. Effect of the Proposal on Individual Rights
As discussed above, the proposed new routine use will permit SSA to
verify the identification data used by State MVAs to administer their
driver's license and identification card programs. SSA will follow all
statutory and regulatory requirements for disclosure. SSA will perform
verification services under written agreements which stipulate that
MVAs will only collect, verify and redisclose SSNs as provided for by
Federal and State law. SSA will safeguard the information that it
receives from MVAs for verification to prevent unauthorized access to
personal information. Thus, we do not anticipate that the disclosures
authorized by the new routine use statement will have any unwarranted
effect on the privacy or other rights of individuals.
Dated: March 8, 1995.
Shirley S. Chater,
Commissioner of Social Security.
[FR Doc. 95-7713 Filed 3-28-95; 8:45 am]
BILLING CODE 4190-29-P
