GN 03301: Law and Regulations - Disclosure/Confidentiality
TN 3 (11-98)
POLICY
1. Social Security Act
Section 1106(a) of the Social Security Act authorizes SSA to disclose only as prescribed in regulations by the head of the agency. This applies generally to all information obtained in the administration of the Social Security Act, regardless of whether the information is personal, and regardless of how the information is obtained.
The prohibitions against disclosure apply to any person who comes into possession of the information.
2. Regulation No. 1 (20 CFR Part 401)
Regulation No. 1 (20 CFR Part 401) is SSA's regulatory authority for disclosure of personal information. The basic policies for disclosure discussed in GN 03301.004B. have been taken into account in the regulation, including the provisions of the PA and FOIA.
3. Regulation No. 2 (20 CFR Part 402)
Regulation No. 2 (20 CFR Part 402) sets out procedures for making and processing requests for records. It deals with records such as:
administrative staff manuals, and
instructional materials that contain policies, procedures and interpretations that affect the public.
The Regulations also provide fee schedules for providing information under the FOIA, PA and Social Security Act.
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