Law and Regulations

• To emphasize the importance of protecting the privacy of Social Security Administration records, the first regulation adopted in June 1937 concerned disclosure of information. Regulation 1 has received some revisions but is still SSA's guiding document. The Privacy Act of 1974 defines the rights of individuals to access their records and request corrections, and discusses when federal agencies can release an individual's personal information without their written consent.
  
  

Subpoena

• Regulation 1 of the Social Security Act states courts or subpoenas do not authorize Social Security to release information from its records. SSA must obey a court order only if a section of Regulation 1 permits it, or the Commissioner of Social Security is a party to the case. Otherwise, SSA requires consent from the person involved before releasing information.
  
  

Social Security Number

• The Social Security number's use as a personal identifier has grown beyond anything envisioned at the time of its creation in 1936. Social Security will release SSN information to administer its own programs, to federal agencies such as Homeland Security, Veterans' Administration, or to state and local government agencies that administer low income programs. It can furnish SSN information to law enforcement for limited criminal or national security situations. The number holder can obtain verification containing just his name and number from his local Social Security office. The local office does not routinely provide print-outs of the entire enumeration record, also called the numident record or "numi."
  
  

Disclosure of Information

• Social Security generally requires written consent from the person records concern before releasing information. It will provide non-Social Security number information without written consent to law enforcement only for certain crimes or matters of national security. SSA shares information with other federal, state or county government agencies that administer needs-based programs, but only as needed for their program. For example, a welfare agency may need information about Social Security benefits in order to process a claim for Medicaid. They cannot also request information, such as the Social Security beneficiary's disability diagnosis, without written consent.
  
  

Who Can Consent

• Only competent adults or their legal representatives can provide written authorization for Social Security to release their cases' information. One spouse cannot authorize release of information for the other, unless he is the legal guardian. A power of attorney form does not confer the right to authorize the release of information. A parent can authorize release of non-medical information for her minor child, but not the child's Social Security medical records. The parent can authorize SSA to send records to the child's doctor who can decide whether to provide the information to the parent or not.
  
  

Information Release Forms

• Social Security asks disability applicants to sign form SSA-827, Authorization to Disclose Information to SSA, which authorizes SSA to receive medical records and medical sources to provide them. Form SSA-3288 is the Consent to Release Information that agencies and individuals can use to provide SSA written authorization to release specific data. Form SSA-1696-U4, Appointment of Representative, allows a legal representative to deal with Social Security on a claimant's behalf and authorizes SSA to release information to the representative.