GN 03301: Law and Regulations - Disclosure/Confidentiality
TN 3 (11-98)
A. List Of Exhibits
| Exhibit 1 | Table of U.S. Statutes Affecting SSA Disclosure Rules |
| Exhibit 2 | FOIA Exemptions (GN 03301.015B.5.) |
| Exhibit 3 | PA Exceptions (GN 03301.020B.4.) |
B. Exhibit 1 - Table of U.S. Statutes Affecting SSA Disclosure Rules
| 5 USC 552 | Freedom of Information Act | GN 03301.015 |
| 5 USC 552a | Privacy Act | GN 03301.020 |
| 8 USC Section 1360 |
Immigration and Nationality Act | GN 03313.095, GN 03316.040 |
| 18 USC 3056 | National security | GN 03313.095, GN 03316.040 |
| 26 USC Section 6103 |
IRC, disclosures | GN 03320.000 |
| 26 USC Section 7213(a) |
IRC, unauthorized disclosures | GN 03301.045 |
| 26 USC Section 7413 |
IRC, unauthorized disclosures | GN 03301.045 |
| 26 USC Section 7602 |
IRC, Law Enforcement | GN 03312.045 |
| 30 USC Section 901 |
Federal Coal Mine, Health and Safety Act | GN 03301.040 |
| 38 USC Section 412 |
VA, benefits to survivors | GN 03313.045 |
| 38 USC Section 3006 |
VA, benefits | GN 03313.045 |
| 42 USC 290 dd-3, ee-3 |
Alcohol and drug abuse | GN 03305.020 |
| 42 USC, 405(c)(2)(C) | Disclosure of earnings information | GN 03320.020 |
| 42 USC 405(c)(2)(C)(iii) |
Use of SSN by Government agencies | GN 03325.005 |
| 42 USC 405(c)(2)(C)(viii) |
Disclosure of SSN or related records | GN 03325.002 |
| 42 USC 405(r)(6) |
State death records | GN 03315.000 |
| 42 USC 408(a) |
Misuse of SSN | GN 03325.006 |
| 42 USC 653 |
Parent Locator Service | GN 03313.025B.1 |
| 42 USC 663 |
Parental Kidnapping | GN 03314.040C.2 |
| 42 USC 659 and 661 |
Garnishment | GN 02410.200 |
| 42 USC 1306 |
SSA disclosure statute | GN 03301.010 |
| 42 USC 1307 |
Penalty for misrepresenting SSA employee | GN 03301.045 |
| 42 USC 1320b-7 |
State verification of information requirements | GN 03325.005A.2. |
| 42 USC 1831(2) |
Verifying SSI eligibility | GN 03325.005 |
| 42 USC 3505 |
Delegation of authority | GN 03360.020 |
C. Exhibit 2 - FOIA Exemptions
(See GN 03301.015)
The FOIA does not apply to matters that are:
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(A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy, and
(B) are in fact properly classified pursuant to such Executive order;
related solely to the internal personnel rules and practices of an agency;
specifically exempted from disclosure by statute (other than section 552 of this title [5]) provided that such statute
(A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or
(B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;trade secrets and commercial or financial information obtained from a person and privileged or confidential;
interagency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;
personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would
(A) interfere with enforcement proceedings,
(B) deprive a person of a right to a fair trial or an impartial adjudication,
(C) constitute an unwarranted invasion of personal privacy,
(D) disclose the identity of a confidential source, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source,
(E) disclose investigative techniques and procedures, or
(F) endanger the life or physical safety of law enforcement personnel;contained in or related to examination, operation, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or
geological and geophysical information and data, including maps, concerning wells.
D. Exhibit 3 - Privacy Act Exceptions
(See GN 03301.020)
No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be:
to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties;
required under section 552 of this title;
for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section;
to the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13;
to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;
to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or his designee to determine whether the record has such value;
to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;
to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;
to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;
to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office;
pursuant to the order of a court of competent jurisdiction; or
to a consumer reporting agency in accordance with section 3711(f) of Title 31.1.
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