BASIC (09-05)

A. Policy

If a law enforcement request demonstrates compelling circumstances affecting the health or safety of an individual, under the Privacy Act health and safety disclosure exception, SSA may disclose non-tax return information to the law enforcement entity that has jurisdiction over the matter. A disclosure may be initiated by SSA or made in response to a request. Requests for health and safety disclosures are discussed in GN 03316.135.

NOTE: In these cases, the Privacy Act and SSA regulations require SSA to send a notice to the individual whose record is disclosed, informing him/her that the disclosure has been made. Neither the Privacy Act nor SSA’s regulation mandates a time period for sending the notice. See GN 03316.135.

B. Example

A law enforcement official contacts an FO and states that it is attempting to locate and apprehend an individual who threatened another individual. If, based on the information available, the threat appears to show compelling circumstances affecting the health or safety of an individual, information may be disclosed to the law enforcement official concerning the location, prosecution or detention of the individual making the threat.