BASIC (09-05)

Citations:

5 U.S.C. § 552a (b) (Privacy Act)
26 U.S.C. § 6103 (Internal Revenue Code)
42 U.S.C. § 1306 (Section 1106 of the Social Security Act)

20 CFR Part 401 (Privacy and Disclosure of Official Records and Information)

A. Preview – What Is Covered In This Subchapter

This subchapter contains the general policy and procedures regarding disclosure of personal information:

• to administer SSA programs; and

• miscellaneous disclosures such as disclosure relating to health and safety situations, the Commissioner’s ad hoc disclosure authority, and consumer reporting agencies.

B. Preview - What Is Covered In Other Subchapters Of GN 033

Other subchapters within this chapter (GN 033) deal with certain questions about disclosure with and without written consent.

C. Definitions

1. Disclosure

This means the release or showing of personal information about an individual to a third party, other than to a parent of a minor or to the legal guardian of an individual who is the subject of a judicial finding of incompetency due to age or physical or mental incapacity.

2. Minimization

This means disclosing only the minimum information that is relevant and necessary to accomplish the purpose for which information is requested.

3. Record/Information

This means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.

4. Routine Use

This means the disclosure of a record, without the consent of the individual who is the subject of the record, for a purpose which is compatible with the purpose for which SSA collected the record. Each of SSA’s systems of records has a section titled “Routine uses of records maintained in the system, including categories of users and the purposes of such uses.” SSA’s statements of routine uses can be reviewed by linking to http://www.socialsecurity.gov/foia/bluebook/bluebook.htm . and reviewing the routine use section of each of SSA’s systems of records.

5. System of Records

This means a group of records under the control of SSA from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. A listing of all of SSA’s systems or records can be reviewed at: http://www.socialsecurity.gov/foia/bluebook/bluebook.htm .

D. Procedure

1. SSA Employees

Any SSA employee whose duties and responsibilities involve disclosure of personal information may make a disclosure authorized in GN 03316.000 when authorized by his/her management to make the disclosure. If any section in GN 03316.000 requires a specific procedure, that procedure should be followed.

2. Employees of State Disability Determination Service (DDS) Units Performing Disability Determinations under Sections 221 and 1633 of the Social Security Act (Act)

State DDS employees having access to SSA information as a part of the disability determination process may disclose information only under the following circumstances:

• when specifically authorized in any subchapter in POMS Chapter GN 033 to disclose information;

• as authorized in the DDS Security Manual; or

• when authorized by the regional office.

See GN 03316.005B.