Social Security Numbers: Use Is Widespread and Protections Vary
in Private and Public Sectors (28-SEP-04, GAO-04-1099T).
In 1936, the Social Security Administration (SSA) established the
Social Security number (SSN) to track workers' earnings for
social security benefit purposes. Today, private and public
sector entities frequently ask individuals for SSNs in order to
conduct their businesses and sometimes to comply with federal
laws. Although uses of SSNs can be beneficial to the public, SSNs
are also a key piece of information in creating false identities
either for financial misuse or for assuming an individual's
identity. The retention of SSNs in the public and private sectors
can create opportunities for identity theft. In addition, the
aggregation of personal information, such as SSNs, in large
corporate databases, as well as the public display of SSNs in
various records accessed by the public, may provide criminals the
opportunity to easily obtain this personal information. Given the
heightened awareness of identity crimes, this testimony focuses
on describing (1) how private sector entities obtain, use, and
protect SSNs, and (2) public sector uses and protections of SSNs.
-------------------------Indexing Terms-------------------------
REPORTNUM: GAO-04-1099T
ACCNO: A12794
TITLE: Social Security Numbers: Use Is Widespread and
Protections Vary in Private and Public Sectors
DATE: 09/28/2004
SUBJECT: Consumer protection
Federal social security programs
Fraud
Information disclosure
Privacy law
Private sector practices
Records management
Social security number
White collar crime
Identity verification
Identity theft
Public sector
******************************************************************
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GAO-04-1099T
United States General Accounting Office
GAO Testimony
Before the Subcommittee on Commerce, Trade and Consumer Protection, House
of Representatives
For Release on Delivery
Expected at 2:00 p.m. EDT SOCIAL SECURITY
Tuesday, September 28, 2004
NUMBERS
Use Is Widespread and Protections Vary in Private and Public Sectors
Statement of Barbara D. Bovbjerg, Director Education, Workforce, and Income
Security Issues
GAO-04-1099T
Highlights of GAO-04-1099T, a report to Subcommittee on Commerce, Trade
and Consumer Protection, House of Representatives
In 1936, the Social Security Administration (SSA) established the Social
Security number (SSN) to track workers' earnings for social security
benefit purposes. Today, private and public sector entities frequently ask
individuals for SSNs in order to conduct their businesses and sometimes to
comply with federal laws. Although uses of SSNs can be beneficial to the
public, SSNs are also a key piece of information in creating false
identities either for financial misuse or for assuming an individual's
identity. The retention of SSNs in the public and private sectors can
create opportunities for identity theft. In addition, the aggregation of
personal information, such as SSNs, in large corporate databases, as well
as the public display of SSNs in various records accessed by the public,
may provide criminals the opportunity to easily obtain this personal
information. Given the heightened awareness of identity crimes, this
testimony focuses on describing (1) how private sector entities obtain,
use, and protect SSNs, and (2) public sector uses and protections of SSNs.
www.gao.gov/cgi-bin/getrpt?GAO-04-1099TT.
To view the full product, including the scope and methodology, click on
the link above. For more information, contact Barbara Bovbjerg at (202)
512-7215 or [email protected].
September 28, 2004
SOCIAL SECURITY NUMBERS
Use Is Widespread and Protections Vary in Private and Public Sectors
Private sector entities rely extensively on SSNs. We reported early this
year that entities such as information resellers, consumer reporting
agencies , and health care organizations routinely obtain SSNs from their
business clients and public sources, such as government records that can
be displayed to the public. These entities then use SSNs for various
purposes, such as to verify an individual's identity or to match existing
records, and have come to rely on the SSN as an identifier, which helps
them determine a person's identity for the purpose of providing the
services they offer. There is no single federal law that regulates the
overall use or restricts the disclosure of SSNs by private sector
entities. However, certain federal laws have helped to place restrictions
on the disclosures of personal information private sector entities are
allowed to make to their customers, and certain states have enacted laws
to restrict the private sector's use of SSNs.
Public sector entities also extensively use SSNs. All three levels of
government use the SSN to comply with certain federal laws and
regulations, as well as for their own purposes. These agencies rely on the
SSN to manage records, verify benefit eligibility, collect outstanding
debt, and conduct research and program evaluations. In addition, given the
open nature of certain government records, SSNs appear in records
displayed to the public such as documents that record financial
transactions or court documents. Despite the widespread reliance on and
use of SSNs, government agencies are taking steps to safeguard the SSN.
For example, some agencies are not using the SSN as the primary
identification number. In a previous report, we proposed that Congress
consider developing a unified approach to safeguarding SSNs used in all
levels of government and particularly those displayed in public records,
and we continue to believe that this approach has merit.
The use of SSNs by both private and public sector entities is likely to
continue, but the more frequently SSNs are used, the more likely they are
to be misused given the continued rise in identity crimes. In considering
restrictions to SSN use, policy makers will have to balance the
protections that could occur from such restrictions with legitimate
business needs for the use of SSNs.
Mr. Chairman and Members of the Subcommittee:
I am pleased to be here today to discuss private and public sector
entities' use of Social Security numbers (SSNs). Although the Social
Security Administration (SSA) originally created SSNs as a means to track
workers' earnings and eligibility for Social Security benefits, over time
the SSN has come to be used for a myriad of purposes; individuals are
frequently asked to supply personal information, including their SSNs, to
both public and private sector entities. In addition, individuals' SSNs
can be found in a number of public sources such as records displayed to
the public. Given the uniqueness and broad applicability of the SSN, many
private and public sector entities rely extensively on the SSN sometimes
as a way to accumulate and identify information for their databases,
sometimes to comply with federal regulations, and other times for various
business purposes. The potential for misuse of the SSN has raised
questions about how private and public sector entities obtain, use, and
protect SSNs.
Although Congress has passed a number of laws to protect the security of
personal information, the continued use of and reliance on SSNs by both
private and public sector entities underscores the importance of
determining if appropriate safeguards are in place to protect individuals'
private information or if enhanced protection of individuals' personal
information is needed. Accordingly, you asked us to talk about how certain
types of private and public sector entities obtain SSNs and what
protections, if any, exist to govern their use. My remarks today will
focus on describing (1) how private sector entities obtain, use, and
protect SSNs and (2) public sector uses and protections.
To determine how private sector entities obtain, use, and protect SSNs, we
relied on our previous work that looked at how private sector entities
obtain and use SSNs and the laws that limit disclosure of this use. 1 To
determine how the public sector uses and protects SSNs, we also relied on
our previous work that looked at the government's use and protection of
SSNs.2 In addition, we are conducting structured interviews of federal
agencies concerning the display of SSNs.
1GAO, Social Security Numbers: Private Sector Entities Routinely Obtain
and Use SSNs, and Laws Limit the Disclosure of This Information,
GAO-04-11 (Washington D.C.: January 22, 2004).
2See GAO, Social Security Numbers: Government Benefits from SSN Use but
Could Provide Better Safeguards, GAO-02-352 (Washington, D.C.: May 31,
2002).
In summary, entities such as information resellers, consumer reporting
agencies (CRAs), and health care organizations routinely obtain SSNs from
their business clients and from public sources, such as marriage licenses,
paternity determinations, and professional licenses. Businesses use SSNs
for various purposes, such as to build databases, verify individuals'
identities, or match existing records.3 Given the various types of
services these companies offer, we found that all of these entities have
come to rely on the SSN as an identifier, which they say helps them
determine a person's identity for the purpose of providing the services
they offer. However, certain federal laws have helped to limit the
disclosures of personal information these private sector entities are
allowed to make to their customers. Private sector entities are either
subject to the laws directly, given the nature of their business, or
indirectly, through their business clients who are subject to these laws.
Some states have also enacted laws to restrict the private sector's use of
SSNs. However, such restrictions vary by state.
Public sector entities also rely extensively on SSNs. These agencies often
obtain SSNs for compliance with federal laws and regulations and for their
own agencies' purposes. We found that federal, state, and county
government agencies rely extensively on the SSN to manage records, verify
benefit eligibility, collect outstanding debt, conduct research and
program evaluations, and verify information provided to state drivers'
licensing agencies.4 Given that SSNs are often the identifier of choice
among individuals seeking to create false identities, these agencies are
taking steps to safeguard SSNs. Yet despite these actions, SSNs appear in
records displayed to the public such as documents that record financial
transactions or court documents. In a previous report, we proposed that
Congress consider developing a unified approach to safeguarding SSNs used
in all levels of government and particularly those displayed in public
records, and we continue to believe that this approach has merit.5
Background The Social Security Act of 1935 authorized SSA to establish a
recordkeeping system to help manage the Social Security program, and this
3GAO-04-11 (Washington D.C.: January 2004). 4GAO-02-352 (Washington D.C.:
May 2002). 5GAO-02-352 (Washington D.C.: May 2002).
resulted in the creation of the SSN. Through a process known as
enumeration, unique numbers are created for every person as a work and
retirement benefit record for the Social Security program. SSA generally
issues SSNs to most U.S. citizens, and SSNs are also available to
noncitizens lawfully admitted to the United States with permission to
work. SSA estimates that approximately 277 million individuals currently
have SSNs. The SSN has become the identifier of choice for government
agencies and private businesses, and thus it is used for a myriad of
non-Social Security purposes.
The growth in the use of SSNs is important to individual SSN holders
because these numbers, along with names and birth certificates, are among
the three personal identifiers most often sought by identity thieves.6 In
addition, SSNs are used as breeder information to create additional false
identification documents, such as drivers' licenses. Recent statistics
collected by federal agencies and CRAs indicate that the incidence of
identity theft appears to be growing. 7 The Federal Trade Commission
(FTC), the agency responsible for tracking identity theft, reported that
consumer fraud and identity theft complaints grew from 404,000 in 2002 to
516,740 in 2003. In 2003, consumers also reported losses from fraud of
more than $437 million, up from $343 million in 2002. In addition,
identity crimes account for over 80 percent of SSN misuse allegations
according to the SSA. Also, officials from two of the three national CRAs
report an increase in the number of 7-year fraud alerts placed on consumer
credit files, which they consider to be reliable indicators of the
incidence of identity theft.8 Law enforcement entities report that
identity theft is almost always a component of other crimes, such as bank
fraud or credit card fraud, and may be prosecuted under the statutes
covering those crimes.
6United States Sentencing Commission, Identity Theft Final Alert
(Washington, D.C.: Dec. 15, 1999).
7GAO, Identity Theft: Prevalence and Cost Appear to be Growing, GAO-02-363
(Washington, D.C.: Mar. 1, 2002).
8A fraud alert is a warning that someone may be using the consumer's
personal information to fraudulently obtain credit. When a fraud alert is
placed on a consumer's credit card file, it advises credit grantors to
conduct additional identity verification before granting credit. The three
consumer reporting agencies offers fraud alerts that can vary from 2 to 7
years at the discretion of the individual.
Private Sector Entities Routinely Obtain and Use SSNs, and Certain Laws Affect
The Disclosure of This Information
Private sector entities such as information resellers, CRAs, and health
care organizations routinely obtain and use SSNs.9 Such entities obtain
the SSNs from various public sources and their business clients wishing to
use their services. We found that these entities usually use SSNs for
various purposes, such as to build tools that verify an individual's
identity or match existing records. Certain federal laws have limited the
disclosures private sector entities are allowed to make to their
customers, and some states have also enacted laws to restrict the private
sector's use of SSNs.
Private Sector Entities Obtain SSNs from Public and Private Sources and
Use SSNs for Various Purposes
Private sector entities such as information resellers, CRAs, and health
care organizations generally obtain SSNs from various public and private
sources and use SSNs to help identify individuals. Of the various public
sources available, large information resellers told us they obtain SSNs
from various records displayed to the public such as records of
bankruptcies, tax liens, civil judgments, criminal histories, deaths, real
estate ownership, driving histories, voter registrations, and professional
licenses. Large information resellers said that they try to obtain SSNs
from public sources where possible, and to the extent public record
information is provided on the Internet, they are likely to obtain it from
such sources. Some of these officials also told us that they have people
that go to courthouses or other repositories to obtain hard copies of
public records. Additionally, they obtain batch files of electronic copies
of all public records from some jurisdictions.
Given the varied nature of SSN data found in public records, some reseller
officials said they are more likely to rely on receiving SSNs from their
business clients than they are from obtaining SSNs from public records.
These entities obtain SSNs from their business clients, who provide SSNs
in order to obtain a reseller's services or products, such as background
checks, employee screening, determining criminal histories, or searching
for individuals. Large information resellers also obtain SSN information
from private sources. In many cases such information was obtained
9Information resellers, sometimes referred to as information brokers, are
businesses that specialize in amassing consumer information that includes
SSNs for informational services. CRAs, also known as credit bureaus, are
agencies that collect and sell information about the creditworthiness of
individuals. Health care organizations generally deliver their services
through a coordinated system that includes health care providers and
health plans, also referred to as health care insurers.
through review of data where a customer has voluntarily supplied
information resellers with information about himself or herself. In
addition, large reseller officials said they also use their clients'
records in instances where the client has provided them with information.
We also found that Internet-based resellers rely extensively on public
sources and records displayed to the public. These resellers listed on
their Web sites public information sources, such as newspapers, and
various kinds of public record sources at the county, state, and national
levels. During our investigation, we determined that once Internet-based
resellers obtained an individual's SSN they relied on information in
public records to help verify the individual's identity and amass
information around the individual's SSN.
Like information resellers, CRAs also obtain SSNs from public and private
sources as well as from their customers or the businesses that furnish
data to them. CRA officials said that they obtain SSNs from public
sources, such as bankruptcy records, a fact that is especially important
in terms of determining that the correct individual has declared
bankruptcy. CRA officials also told us that they obtain SSNs from other
information resellers, especially those that specialize in obtaining
information from public records. However, SSNs are more likely to be
obtained from businesses that subscribe to their services, such as banks,
insurance companies, mortgage companies, debt collection agencies, child
support enforcement agencies, credit grantors, and employment screening
companies. Individuals provide these businesses with their SSNs for
reasons such as applying for credit, and these businesses voluntarily
report consumers' charge and payment transactions, accompanied by SSNs, to
CRAs.
We found that health care organizations were less likely to rely on public
sources for SSN data. Health care organizations obtain SSNs from
individuals themselves and from companies that offer health care plans.
For example, subscribers or policyholders provide health care plans with
their SSNs through their company or employer group when they enroll in
health care plans. In addition to health care plans, health care
organizations include health care providers, such as hospitals. Such
entities often collect SSNs as part of the process of obtaining
information on insured people. However, health care officials said that,
particularly with hospitals, the medical record number rather than the SSN
is the primary identifier.
Information resellers, CRAs, and health care organization officials all
said that they use SSNs to verify an individual's identity. Most of the
officials we spoke to said that the SSN is the single most important
identifier available, mainly because it is truly unique to an individual,
unlike an individual's name and address, which can often change over an
individual's lifetime. Large information resellers said that they
generally use the SSN as an identity verification tool. Some of these
entities have incorporated SSNs into their information technology, while
others have incorporated SSNs into their clients' databases used for
identity verification. For example, one large information reseller that
specializes in information technology solutions has developed a customer
verification data model that aids financial institutions in their
compliance with some federal laws regarding "knowing your customer." We
also found that Internet-based information resellers use the SSN as a
factor in determining an individual's identity. We found these types of
resellers to be more dependent on SSNs than the large information
resellers, primarily because their focus is more related to providing
investigative or background-type services to anyone willing to pay a fee.
Most of the large information resellers officials we spoke to said that
although they obtain the SSN from their business clients, the information
they provide back to their customers rarely contains the SSN. Almost all
of the officials we spoke to said that they provide their clients with a
truncated SSN, an example of which would be xxx-xx-6789.
CRAs use SSNs as the primary identifier of individuals, which enables them
to match the information they receive from their business clients with the
information stored in their databases on individuals.10 Because these
companies have various commercial, financial, and government agencies
furnishing data to them, the SSN is the primary factor that ensures that
incoming data is matched correctly with an individual's information on
file. For example, CRA officials said they use several factors to match
incoming data with existing data, such as name, address, and financial
account information. If all of the incoming data, except the SSN, match
with existing data, then the SSN will determine the correct person's
credit file. Given that people move, get married, and open new financial
accounts, these officials said that it is hard to distinguish among
10We found that CRAs and information resellers can sometimes be the same
entity, a fact that blurs the distinction between the two types of
businesses but does not affect the use of SSNs by these entities. Five of
the six large information resellers we spoke to said they were also CRAs.
Some CRA officials said that information reselling constituted as much as
40 percent of CRAs' business.
individuals. Because the SSN is the one piece of information that remains
constant, they said that it is the primary identifier that they use to
match data.
Health care organizations also use the SSN to help verify the identity of
individuals. These organizations use SSNs, along with other information,
such as name, address, and date of birth, as a factor in determining a
member's identity. Health care officials said that health care plans, in
particular, use the SSN as the primary identifier of an individual, and it
often becomes the customer's insurance number. Health care officials said
that they use SSNs for identification purposes, such as linking an
individual's name to an SSN to determine if premium payments have been
made. They also use the SSN as an online services identifier, as an
alternative policy identifier, and for phone-in identity verification.
Health care organizations also use SSNs to tie family members together
where family coverage is used,11 to coordinate member benefits, and as a
crosscheck for pharmacy transactions. Health care industry association
officials also said that SSNs are used for claims processing, especially
with regard to Medicare. According to these officials, under some Medicare
programs, SSNs are how Medicare identifies benefits provided to an
individual.
Certain Laws Limit the Private Sectors' Disclosure of Personal Information
That Includes SSNs
Certain federal and state laws have placed restrictions on certain private
sector entities use and disclosure of consumers' personal information that
includes SSNs. Such laws include the Fair Credit Reporting Act (FCRA), the
Gramm-Leach-Bliley Act (GLBA), the Drivers Privacy Protection Act (DPPA),
and the Health Insurance Portability and Accountability Act (HIPAA). As
shown in table 1, the laws either restrict the disclosures that entities
such as information resellers, CRAs, and health care organizations are
allowed to make to specific purposes or restrict whom they are allowed to
give the information to. Moreover, as shown in table 1, these laws focus
on limiting or restricting access to certain personal information and are
not specifically focused on information resellers. See appendix I for more
information on these laws.
11During the enrollment process, subscribers have a number of options, one
of which is decided whether they would like single or family coverage. In
cases where family coverage is chosen, the SSN is the key piece of
information generally allowing the family members to be linked.
Table 1: Aspects of Federal Laws That Affect Private Sector Disclosure of
Personal Information
Federal Laws Restrictions
Fair Credit Reporting Act Limits access to credit data that includes SSNs
to those who have a permissible purpose under the law.
Gramm-Leach-Bliley Act Creates a new definition of personal information
that includes SSNs and limits when financial institutions may disclose the
information to nonaffiliated third parties.
Drivers Privacy Protection Act Prohibits obtaining and disclosing SSNs and
other personal information from a motor vehicle record except as expressly
permitted under the law.
Health Insurance Portability and Protects the privacy of health
information that
Accountability Act identifies an individual (including by SSNs) and
restricts health care organizations from disclosing such information to
others without the patient's consent.
Source: GAO analysis.
We reviewed selected legislative documents of 18 states and found that at
least 6 states have enacted their own legislation to restrict either the
display or use of SSNs by the private sector.12 Notably, in 2001,
California enacted Senate Bill (SB) 168, restricting private sector use of
SSNs. Specifically, this law generally prohibits companies and persons
from certain uses such as, posting or publicly displaying SSNs and
printing SSNs on cards required to access the company's products or
services. Furthermore, in 2002, shortly after the enactment of SB 168,
California's Office of Privacy Protection published recommended practices
for protecting the confidentiality of SSNs. These practices were to serve
as guidelines to assist private and public sector organizations in
handling SSNs.
Similar to California's law, Missouri's law (2003 Mo. SB 61), which is not
effective until July 1, 2006, bars companies from requiring individuals to
12On the basis of our interviews with private sector businesses and
organizations, contacts with some state offices of attorney general, and
identification of state laws and legislative initiatives related to the
use of SSNs, we did a legislative review of 18 states that were identified
as having laws or proposed laws governing SSN use. In the 18 states we
researched, we reviewed more than 40 legislative documents, including
relevant laws, proposed laws, legislative summaries, and other related
documents, such as state regulations, executive orders, and referendums.
transmit SSNs over the Internet without certain safety measures, such as
encryption and passwords. However, while SB 61 prohibits a person or
private entity from publicly posting or displaying an individual's SSN "in
any manner," unlike California's law, it does not specifically prohibit
printing the SSN on cards required to gain access to products or services.
In addition, Arizona's law (2003 Ariz. Sess. Laws 137), effective January
1, 2005, restricts the use of SSNs in ways very similar to California's
law. However, in addition to the private sector restrictions, it adds
certain restrictions for state agencies and political subdivisions.13 For
example, state agencies and political subdivisions are prohibited from
printing an individual's SSN on cards and certain mailings to the
individual. Last, Texas prohibits the display of SSNs on all cards, while
Georgia and Utah's laws are directed at health insurers and, therefore,
pertain primarily to insurance identification cards.14 None of these three
laws contain the provisions mentioned above relating to Internet safety
measures and mailing restrictions. Table 2 lists states that have enacted
legislation and related provisions.
Table 2: Provisions Included in Enacted Legislation Reviewed
States Where Provision or Restriction Provision Enacted
Specifically prohibits display on cards AZ, CA, GA, TX, UT
Requires Internet safety measures AZ, CA, MO
Restricts mailing of SSNs AZ, CA
Public Sector Entities Also Use SSNs and Some Agencies Limit Their Use and
Display
Source: GAO analysis.
Agencies at all levels of government frequently obtain and use SSNs. A
number of federal laws require government agencies to obtain SSNs, and
these agencies use SSNs to administer their programs, verify applicants'
eligibility for services and benefits, and do research and evaluation. In
addition, given the open nature of certain government records, SSNs appear
in some records displayed to the public. Given the potential for misuse,
some government agencies are taking steps to limit their use and display
of SSNs and prevent the proliferation of false identities.
13Political subdivisions would include counties, cities, and towns.
14Georgia's law (O.C.G.A. S:33-24-57.1(f)) and Utah's law (Utah Code Ann.
S:31-22-634) were both effective July 1, 2004. However, Utah's law
provides certain extensions until March 1, 2005. Texas' law (2003 Tex.
Gen. Laws 341) is effective March 1, 2005.
Public Sector Entities Are Required by Laws and Regulations to Obtain SSNs
and Use SSNs for Various Purposes
Government agencies obtain SSNs because a number of federal laws and
regulations require certain programs and federally funded activities to
use the SSN for administrative purposes.15 Such laws and regulations
require the use of the SSN as an individual's identifier to facilitate
automated exchanges that help administrators enforce compliance with
federal laws, determine eligibility for benefits, or both. For example,
the Internal Revenue Code and regulations, which govern the administration
of the federal personal income tax program, require that individuals' SSNs
serve as taxpayer identification numbers.16 A number of other federal laws
require program administrators to use SSNs in determining applicants'
eligibility for federally funded benefits. The Social Security Act
requires individuals to provide their SSNs in order to receive benefits
under the SSI, Food Stamp, Temporary Assistance for Needy Families, and
Medicaid programs.17 In addition, the Commercial Motor Vehicle Safety Act
of 1986 requires the use of SSNs to identify individuals and established
the Commercial Driver's License Information System, a nationwide database
where states may use individuals' SSNs to search the database for other
state-issued licenses commercial drivers may hold.18 Federal law also
requires the use of SSNs in state child support programs to help states
locate noncustodial parents, establish and enforce support orders, and
recoup state welfare payments from parents.19 The law also requires states
to record SSNs on many other state documents, such as professional,
15GAO, Social Security Numbers: Government and Commercial Use of the
Social Security Number is Widespread, GAO/HEHS-99-28 (Washington D.C.:
February 1999).
16This means that employers and others making payments to individuals must
include the individuals' SSNs in reporting to IRS many of these payments.
In addition, the Code and regulations require individuals filing personal
income tax returns to include their SSNs as their taxpayer identification
number, the SSNs of people whom they claim as dependents, and the SSNs of
spouses to whom they paid alimony.
17Applicants give program administrators information on their income and
resources, and program administrators use applicants' SSNs to match
records with those of other organizations.
18States may also use SSNs to search another database, the National
Driver's Registry, to determine whether an applicant's license has been
cancelled, suspended, or revoked by another state. In these situations,
the states use SSNs to limit the possibility of inappropriately licensing
applicants.
19The law requires states to maintain records that include (1) SSNs for
individuals who owe or are owed support for cases in which the state has
ordered child support payments to be made, the state is providing support,
or both, and (2) employers' records of new hires identified by SSN.
occupational, and marriage licenses; divorce decrees; paternity
determinations; and death certificates.
Government agencies use SSNs for a variety of reasons. We found that most
of these agencies use SSNs to administer their programs, such as to
identify, retrieve, and update their records. In addition, many agencies
also use SSNs to share information with other entities to bolster the
integrity of the programs they administer. As unique identifiers, SSNs
help ensure that the agency is obtaining or matching information on the
correct person.
Government agencies also share information containing SSNs for the purpose
of verifying an applicant's eligibility for services or benefits, such as
matching records with state and local correctional facilities to identify
individuals for whom the agency should terminate benefit payments. SSNs
are also used to ensure program integrity. Agencies use SSNs to collect
delinquent debts and even share information for this purpose. In addition,
SSNs are used for statistics, research, and evaluation. Agencies
responsible for collecting and maintaining data for statistical programs
that are required by statute, make use of SSNs. In some cases, these data
are compiled using information provided for another purpose. For example,
the Bureau of the Census prepares annual population estimates for states
and counties using individual income tax return data linked over time by
SSN to determine immigration rates between localities.20 SSNs also provide
government agencies and others with an effective mechanism for linking
data on program participation with data from other sources to help
evaluate the outcomes or effectiveness of government programs. In some
cases, records containing SSNs are sometimes matched across multiple
agency or program databases.21
Government agencies also use employees' SSNs to fulfill some of their
responsibilities as employers. For example, personnel departments of these
agencies use SSNs to help them maintain internal records and provide
employee benefits. In addition, employers are required by law to use
employees' SSNs when reporting wages. Wages are reported to SSA,
20The Bureau of the Census is authorized by statute to collect a variety
of information, and the Bureau is also prohibited from making it
available, except in certain circumstances.
21The statistical and research communities refer to the process of
matching records containing SSNs for statistical or research purposes as
"record linkage." See U.S. General Accounting Office, Record Linkage and
Privacy: Issues in Creating New Federal Research and Statistical
Information, GAO-01-126SP (Washington, D.C.: Apr. 2001).
Government Agencies Are Taking Steps to Limit the Use and Display of SSNs
and the agency uses this information to update earnings records it
maintains for each individual. The Internal Revenue Service (IRS) also
uses SSNs to match the employer wage reports with amounts individuals
report on personal income tax returns. Federal law also requires that
states maintain employers' reports of newly hired employees, identified by
SSNs. States must forward this information to a national database that is
used by state child support agencies to locate parents who are delinquent
in child support payments.
Finally, SSNs appear in some government records that are open to the
public. For example, SSNs may already be a part of a document that is
submitted to a recorder for official preservation, such as veterans'
discharge papers. Documents that record financial transactions, such as
tax liens and property settlements, also contain SSNs to help identify the
correct individual. Government officials are also required by law to
collect SSNs in numerous instances, and some state laws allow government
entities to collect SSNs on voter registries to help avoid duplicate
registrations. In addition, courts at all three levels of government also
collect and maintain records that are routinely made available to the
public. SSNs appear in court documents for a variety of reasons such as on
documents that government officials create like criminal summonses, and in
many cases, SSNs are already a part of documents that are submitted by
attorneys or individuals as part of the evidence for a proceeding or a
petition for an action. In some cases, federal law requires that SSNs be
placed in certain records that courts maintain, such as child support
orders.
Despite the widespread use of SSNs at all levels of government, not all
agencies use SSNs. We found that some agencies do not obtain, receive, or
use SSNs of program participants, service recipients, or individual
members of the public.22 Moreover, not all agencies use the SSN as their
primary identification number for record-keeping purposes. These agencies
maintain an alternative number that is used in addition to or in lieu of
SSNs for certain activities.
Some agencies are also taking steps to limit SSNs displayed on documents
that may be viewed by others who may not have a need to view this personal
information. For example, the Social Security Administration has truncated
individuals' SSNs that appear on the approximately 120 million
22GAO-02-352 (Washington D.C.: May 2002).
benefits statements it mails each year. Some states have also passed laws
prohibiting the use of SSNs as a student identification number. Almost all
states have modified their policies on placing SSNs on state drivers'
licenses.
At the federal level, SSA has taken steps in its enumeration process and
verification service to help prevent SSNs from being used to proliferate
false identities. SSA has formed a task force to address weaknesses in its
enumeration process and has (1) increased document verifications and
developed new initiatives to prevent the inappropriate assignment of SSNs
to noncitizens, and (2) undertaken initiatives to shift the burden of
processing noncitizen applications from its field offices. 23 SSA also
helps prevent the proliferation of false identities through its
verification service, which allows state driver licensing agencies to
verify the SSN, name, and date of birth of customers with SSA's master
file of Social Security records. 24 Finally, SSA has also acted to correct
deficiencies in its information systems' internal controls. These changes
were made in response to the findings of an independent audit that found
that SSA's systems were exposed to both internal and external intrusion,
increasing the possibility that sensitive information such as SSNs could
be subject to unauthorized access, modification, and disclosure, as well
as the risk of fraud.
With regard to the courts, in a prior report we suggested that Congress
consider addressing SSN security and display issues in state and local
government and in public records, including those maintained by the
judicial branch of government at all levels. 25 We proposed that Congress
convene a representative group of officials from all levels of government
to develop a unified approach to safeguard SSNs used in all levels of
government and particularly those displayed in public records.
23See GAO, Social Security Administration: Actions Taken to Strengthen
Procedures for Issuing Social Security Numbers to Noncitizens but Some
Weakness Remain, GAO-04-12 (Washington D.C.: October 15, 2003). See GAO,
Social Security Numbers: Improved SSN Verification and Exchange of States'
Driver Records Would Enhance Identity Verification, GAO-03-920 (Washington
D.C.: September 15, 2003).
24GAO-03-920 (Washington D.C.: September 2003).
25GAO-02-352 (Washington D.C.: May 2002)
Conclusions
Contacts and Acknowledgments
Public and private entities use SSNs for many legitimate and publicly
beneficial purposes. However, the more frequently SSNs are obtained and
used, the more likely they are to be misused. Individuals may voluntarily
provide their SSNs to the private and public sectors to obtain services,
but they should be able to be confident that their personal information is
safe and secure. As we continue to learn more about the entities that
obtain SSNs and the purposes for which they obtain them, policy makers
will be able to determine if there are ways to limit access to this
valuable piece of information and prevent it from being misused. However,
restrictions on access or use may make it more difficult for businesses
and government agencies to verify an individual's identity. Accordingly,
policy makers will have to balance the potential benefits of restrictions
on the use of SSNs on the one hand with the impact on legitimate needs for
the use of SSNs on the other.
We are continuing our work on protecting the privacy of SSNs in the
private and public sectors, and we are pleased that this Subcommittee is
considering this important policy issue. That concludes my testimony, and
I would be pleased to respond to any questions the subcommittee has.
For further information regarding this testimony, please contact Barbara
D. Bovbjerg, Director or Tamara Cross, Assistant Director at (202)
5127215.
Appendix I: Federal Laws Affecting Information Resellers, CRAs, and Health
Care Organizations:
Gramm-Leach-Bliley GLBA requires companies to give consumers privacy
notices that explain the institutions' information-sharing practices. In
turn, consumers have the
Act (GLBA): right to limit some, but not all, sharing of their nonpublic
personal information. Financial institutions are permitted to disclose
consumers' nonpublic personal information without offering them an opt-out
right in the following circumstances:
o to effect a transaction requested by the consumer in connection with a
financial product or service requested by the consumer; maintaining or
servicing the consumer's account with the financial institution or another
entity as part of a private label credit card program or other extension
of credit; or a proposed or actual securitization, secondary market sale,
or similar transaction;
o with the consent or at the direction of the consumer;
o to protect the confidentiality or security of the consumer's records;
to prevent actual or potential fraud, for required institutional risk
control or for resolving customer disputes or inquiries, to persons
holding a legal or beneficial interest relating to the consumer, or to the
consumer's fiduciary;
o to provide information to insurance rate advisory organizations,
guaranty funds or agencies, rating agencies, industry standards agencies,
and the institution's attorneys, accountants, and auditors;
o to the extent specifically permitted or required under other
provisions of law and in accordance with the Right to Financial Privacy
Act of 1978, to law enforcement agencies, self-regulatory organizations,
or for an investigation on a matter related to public safety;
o to a consumer reporting agency in accordance with the Fair Credit
Reporting Act or from a consumer report reported by a consumer reporting
agency;
o in connection with a proposed or actual sale, merger, transfer, or
exchange of all or a portion of a business if the disclosure concerns
solely consumers of such business;
o to comply with federal, state, or local laws; an investigation or
subpoena; or to respond to judicial process or government regulatory
authorities.
Financial institutions are required by GLBA to disclose to consumers at
the initiation of a customer relationship, and annually thereafter, their
privacy policies, including their policies with respect to sharing
information with affiliates and non-affiliated third parties.
Provisions under GLBA place limitations on financial institutions
disclosure of customer data, thus affecting some CRAs and information
resellers. We found that some CRAs consider themselves to be financial
institutions under GLBA.1 These entities are therefore directly governed
by GLBA's restrictions on disclosing nonpublic personal information to
nonaffiliated third parties. We also found that some of the information
resellers we spoke to did not consider their companies to be financial
institutions under GLBA. However, because they have financial institutions
as their business clients, they complied with GLBA's provisions in order
to better serve their clients and ensure that their clients are in
accordance with GLBA. For example, if information resellers received
information from financial institutions, they could resell the information
only to the extent that they were consistent with the privacy policy of
the originating financial institution.
Information resellers and CRAs also said that they protect the use of
nonpublic personal information and do not provide such information to
individuals or unauthorized third parties. In addition to imposing
obligations with respect to the disclosures of personal information, GLBA
also requires federal agencies responsible for financial institutions to
adopt appropriate standards for financial institutions relating to
safeguarding customer records and information. Information resellers and
CRA officials said that they adhere to GLBA's standards in order to secure
financial institutions' information.
The DPPA specifies a list of exceptions when personal information
contained in a state motor vehicle record may be obtained and used (18
U.S.C. S: 2721(b)). These permissible uses include:
for use by any government agency in carrying out its functions;
o for use in connection with matters of motor vehicle or driver safety
and theft; motor vehicle emissions; motor vehicle product alterations,
recalls,
1Under GLBA, the term financial institution is defined as "any institution
the business of which is engaging in financial activities as described in
section 4(k) of the Bank Holding Company Act of 1956," which goes into
more detail about what are "activities that are financial in nature."
These generally include banking, insurance, and investment industries.
Drivers Privacy Protection Act (DPPA):
o
or advisories; motor vehicle market research activities, including survey
research;
o for use in the normal course of business by a legitimate business, but
only to verify the accuracy of personal information submitted by the
individual to the business and, if such information is not correct, to
obtain the correct information but only for purposes of preventing fraud
by pursuing legal remedies against, or recovering on a debt or security
interest against, the individual;
o for use in connection with any civil, criminal, administrative, or
arbitral proceeding in any federal, state, or local court or agency;
o for use in research activities;
o for use by any insurer or insurance support organization in connection
with claims investigation activities;
o for use in providing notice to the owners of towed or impounded
vehicles;
o for use by a private investigative agency for any purpose permitted
under the DPPA;
o for use by an employer or its agent or insurer to obtain information
relating to the holder of a commercial driver's license;
o for use in connection with the operation of private toll
transportation facilities;
o for any other use, if the state has obtained the express consent of
the person to whom a request for personal information pertains;
o for bulk distribution of surveys, marketing, or solicitations, if the
state has obtained the express consent of the person to whom such personal
information pertains;
o for use by any requester, if the requester demonstrates that it has
obtained the written consent of the individual to whom the information
pertains;
o for any other use specifically authorized under a state law, if such
use is related to the operation of a motor vehicle or public safety.
As a result of DPPA, information resellers said they were restricted in
their ability to obtain SSNs and other driver license information from
state
Health Insurance Portability and Accountability Act
o
(HIPAA):
motor vehicle offices unless they were doing so for a permissible purpose
under the law. These officials also said that information obtained from a
consumer's motor vehicle record has to be in compliance with DPPA's
permissible purposes, thereby restricting their ability to resell motor
vehicle information to individuals or entities not allowed to receive such
information under the law. Furthermore, because DPPA restricts state motor
vehicle offices' ability to disclose driver license information, which
includes SSN data, information resellers said they no longer try to obtain
SSNs from state motor vehicle offices, except for permissible purposes.
The HIPAA privacy rule also defines some rights and obligations for both
covered entities and individual patients and health plan members. Some of
the highlights are:
Individuals must give specific authorization before health care providers
can use or disclose protected information in most nonroutine
circumstances, such as releasing information to an employer or for use in
marketing activities.
o Covered entities will need to provide individuals with written notice
of their privacy practices and patients' privacy rights. The notice will
contain information that could be useful to individuals choosing a health
plan, doctor, or other service provided. Patients will be generally asked
to sign or otherwise acknowledge receipt of the privacy notice.
Covered entities must obtain an individual's specific authorization before
sending them marketing materials.
Health care organizations, including health care providers and health plan
insurers, are subject to HIPAA's requirements. In addition to providing
individuals with privacy practices and notices, health care organizations
are also restricted from disclosing a patient's health information without
the patient's consent, except for purposes of treatment, payment, or other
health care operations. Information resellers and CRAs did not consider
themselves to be "covered entities" under HIPAA, although some information
resellers said that their customers are considered to be business
associates under HIPAA. As a result, they said they are obligated to
operate under HIPAA's standards for privacy protection, and therefore
could not resell medical information without having made sure HIPAA's
privacy standards were met.
Fair Credit Reporting Act (FCRA):
Congress has limited the use of consumer reports to protect consumers'
privacy. All users must have a permissible purpose under the FCRA to
obtain a consumer report (15 USC 1681b). These permissible purposes are:
o as ordered by a court or a federal grand jury subpoena;
o as instructed by the consumer in writing;
o for the extension of credit as a result of an application from a
consumer or the review or collection of a consumer's account;
o for employment purposes, including hiring and promotion decisions,
where the consumer has given written permission;
o for the underwriting of insurance as a result of an application from a
consumer;
o when there is a legitimate business need, in connection with a
business transaction that is initiated by the consumer;
o to review a consumer's account to determine whether the consumer
continues to meet the terms of the account;
o to determine a consumer's eligibility for a license or other benefit
granted by a governmental instrumentality required by law to consider an
applicant's financial responsibility or status;
o for use by a potential investor or servicer or current insurer in a
valuation or assessment of the credit or prepayment risks associated with
an existing credit obligation; and
o for use by state and local officials in connection with the
determination of child support payments, or modifications and enforcement
thereof.
Under FCRA, Congress has limited the use of consumer reports2 to protect
consumers' privacy and limits access to credit data to those who have a
legally permissible purpose for using the data, such as the extension of
credit, employment purposes, or underwriting insurance. However, these
2The FTC has determined that certain types of information, including SSNs,
do not constitute as consumer report under FCRA because they are not
factors in determining credit eligibility.
limits are not specific to SSNs. All of the CRAs that we spoke to said
that they are considered consumer reporting agencies under FCRA. In
addition, some of the information resellers we spoke to who handle or
maintain consumer reports are classified as CRAs under FCRA. Both CRAs and
information resellers said that as a result of FCRAs restrictions they are
limited to providing credit data to their customers that have a
permissible purpose under FCRA. Consequently, they are restricted by law
from providing such information to the general public.
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