[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]



-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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