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More "paranoia" re: misuse of social security numbers



More "paranoia" from the United States General Accounting Office:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
                            GAO 
                United States General Accounting Office 

                      SOCIAL SECURITY 

         Report to the Chairman, Subcommittee on Social Security,
         Committee on Ways and Means, House of Representatives 

        Government and Commercial Use of the Social Security Number Is
                          Widespread 

                        GAO/HEHS-99-28 

                          United States 
                     General Accounting Office 
                      Washington, D.C. 20548 

              Health, Education, and Human Services Division 

                        February 16, 1999 
                    ---------------------------------------- 
                          [PDF version] 
                    ----------------------------------------

     The Honorable E. Clay Shaw 
     Chairman, Subcommittee on Social Security 

     Committee on Ways and Means 
     House of Representatives 

     Dear Mr. Chairman: 

     The Social Security number (SSN) was created in 1936 as a means of
     tracking workers’ earnings and eligibility for Social Security
benefits. For a
     number of reasons, most Americans have an SSN, each of which is unique
     to the individual. Today, the SSN is used for a myriad of non-Social
     Security purposes, some legal and some illegal. Both private businesses
     and government agencies frequently ask individuals for SSNs in order to
     comply with federal laws requiring these numbers or because these
entities
     need the SSNs to conduct their business. 

     Responding to public concerns about how organizations use SSNs and
     mounting occurrences of identity theft, sometimes involving misuse of
     SSNs, several members of the Congress have introduced bills to regulate
     the use of SSNs. To obtain information on how the SSN is currently used,
     the Subcommittee asked us to describe: 

     - federal laws and regulations requiring or restricting SSN use, 

     - how extensively the private and public sectors use SSNs for purposes
not
     required by federal law, and 

     - what businesses and governments believe the impact would be if federal
     laws limiting the use of SSNs were passed. 

     To develop this information, we reviewed private businesses that sell
     information of a personal nature about members of the general public,
     including individuals’ SSNs; businesses involved in providing
financial and
     health care services to individuals; and two large state programs that
     frequently use SSNs for administrative purposes. Appendix I contains a
list
     of the organizations and agencies we contacted. For more details about
our
     scope and methodology, see appendix II. We conducted our work between
     January and December 1998 in accordance with generally accepted
     government auditing standards. 

     Page 1 

     Results in Brief 

     No single federal law regulates the overall use of SSNs. The Social
     Security Act, which created the Social Security programs for which the
SSN
     was developed, did not require the Social Security Administration
(SSA) to
     devise SSNs. However, once SSA created and began using SSNs to help
     administer its programs, the Congress recognized the universal nature of
     the SSN and subsequently enacted laws requiring SSN uses for some
     purposes not related to Social Security. Federal laws now require that
     SSNs be used in the administration of some programs, including the
federal
     personal income tax program; the Supplemental Security Income (SSI),
     Medicaid, Food Stamp, and Child Support Enforcement programs; and
     state commercial driver licensing programs. Some of these laws impose
     restrictions on SSN use relating to the programs or activities
involved. No
     federal law, however, imposes broad restrictions on businesses’ and state
     and local governments’ use of SSNs when that use is unrelated to a
specific
     federal requirement. 

     Businesses and governments are not limited to using SSNs only for
     purposes required by federal law. Officials of all the organizations we
     reviewed — businesses that sell personal information, those that offer
     financial and health care services, and state personal income tax and
driver
     licensing agencies — routinely choose to use SSNs as a management tool
     to conduct their business or program activities. These uses can affect
large
     numbers of people. Credit bureau and state personal income tax officials,
     for example, said they use the SSN as a primary record identifier for
     internal activities, such as maintaining individual consumer credit
histories
     and identifying income tax filers, whereas officials of the other
     organizations said they generally assign their own identifiers for
internal
     activities. Officials of all the organizations we contacted said they
use SSNs
     to match records with those of other organizations to carry out the data
     exchanges necessary to conduct their business. Data exchanges are
     conducted for such purposes as obtaining information to assess credit
risk,
     locate assets, and ensure compliance with program rules and regulations. 

     Both private business and government officials said their organizations
     could be adversely affected if the federal government passed laws that
     limited their use of SSNs. Credit bureau officials and state tax
     administrators said federal restrictions could impede their ability to
conduct
     routine internal activities, such as maintaining consumer histories and
     identifying tax filers, activities for which members of their
industries use
     the SSN as the primary record identifier. Many of the officials we
     interviewed believed federally imposed restrictions could adversely
affect 

     Page 2 

     their organizations’ ability to conduct data exchanges with others. For
     example, health care officials said such restrictions could limit
health care
     providers’ ability to track patient care among multiple providers.
American
     Association of Motor Vehicle Administrators (AAMVA) officials said such
     restrictions could make it difficult for states to detect noncommercial
     drivers who were trying to conceal driving infractions under other state
     licenses. In general, credit bureau and other officials said that if
credit
     reports could not be requested using SSNs, organizations would have less
     assurance of receiving information on the individuals in question.
However,
     given the public’s concern about the disclosure of SSNs, some
officials said
     their organizations have taken steps to limit disclosure. Officials of
     businesses that sell personal information said that as of December 31,
     1998, some members of their industry are voluntarily restricting the
     disclosure of SSNs when they sell information, and Ohio and Georgia
     driver licensing officials said their states have discontinued
practices that
     routinely disclose SSNs. 

     Background 

     In 1935, title II of the Social Security Act created the Social Security
     retirement program to pay benefits to retired workers. Subsequent federal
     laws added benefits for workers’ dependents and survivors and, later, for
     disabled workers. Workers now earn entitlement to benefits on the
basis of
     the number of Social Security credits they have earned while working in
     jobs covered by Social Security. Because the act required SSA to maintain
     records of wage amounts employers report having paid to individuals, in
     1936, SSA created SSNs as a means of maintaining individual earnings
     records and issued cards to workers as records of their SSNs. The act now
     requires individuals to provide SSA their number when they apply for
     Social Security benefits. SSA uses the SSN to identify applicants’
personal
     earnings records, which contain information the agency uses to compute
     benefits payable to beneficiaries. Over the years, the SSN has come to be
     viewed by many as a national identifier because almost every American
     has an SSN, and each is unique.[1] 

     SSA estimates that about 277 million individuals currently have SSNs.
     Furthermore, the boom in computer technology over the past several
     decades has prompted private businesses and government agencies to rely 

     Page 3 

     on SSNs as a way to accumulate and identify information in their
     databases. 

     Simply stated, the uniqueness and broad applicability of the SSN have
     made it the identifier of choice for government agencies and private
     businesses, both for compliance with federal requirements and for the
     agencies’ and businesses’ own purposes.[2] 

     Federal Laws and Regulations Require and Restrict Certain SSN Uses 

     No federal law regulates overall use of SSNs. However, a number of
     federal laws and regulations enacted since the 1960s require certain
     programs and federally funded activities to use the SSN for
administrative
     purposes. These laws and regulations generally limit the use of the
SSN to
     the required purpose by explicitly prohibiting other uses or disclosures.
     Federal law neither requires nor prohibits many of the public and private
     sectors’ other uses of SSNs. 

     Federal Laws and Regulations Require SSN Use in Some Public Programs 

     A number of federal laws and regulations require the use of the SSN as an
     individual’s identifier to facilitate automated exchanges that help
     administrators enforce compliance with federal laws, determine
eligibility
     for benefits, or both. The Internal Revenue Code and regulations, which
     govern the administration of the federal personal income tax program,
     require that individuals’ SSNs serve as taxpayer identification
numbers.[3]
     This means that employers and others making payments to individuals
     must include the individuals’ SSNs in reporting to IRS many of these
     payments. Reportable payments include interest payments to customers,
     wages paid to employees, dividends provided to stockholders, and
     retirement benefits paid to individuals. Other reportable transactions
     include purchases involving more than $10,000 in cash, such as the
     purchase of an automobile or a boat, or mortgage interest payments
     totaling more than $600. In addition, the Code and regulations require
     individuals filing personal income tax returns to include their SSNs
as their
     taxpayer identification number, the SSNs of people whom they claim as
     dependents, and the SSNs of spouses to whom they paid alimony. Using the
     SSNs, IRS matches the information supplied by entities reporting
     payments or other transactions with returns filed by taxpayers to monitor
     individuals’ compliance with federal income tax laws. 

     Page 4 

     A number of federal laws require program administrators to use SSNs in
     determining applicants’ eligibility for federally funded benefits. The
Social
     Security Act requires individuals to provide their SSNs in order to
receive
     benefits under the SSI, Food Stamp, Temporary Assistance for Needy
     Families (TANF), and Medicaid programs.[4] These programs provide
     benefits to people with limited income and resources as well as medical
     care for the needy. Applicants give program administrators information on
     their income and resources, and program administrators use applicants’
     SSNs to match records with those of other organizations to verify the
     information. For example, SSA uses SSNs to determine whether applicants
     for SSI benefits have accurately reported their income by matching
records
     with the Department of Veterans Affairs, the Office of Personnel
     Management, and the Railroad Retirement Board to identify any
     retirement or disability payments to these applicants. In addition to
using
     SSNs to match records with other federal benefit-paying agencies,
     administrators of these programs said they also match records with state
     unemployment agencies, IRS, and employers to verify earned and
     unearned income, such as unemployment benefits, wages, retirement
     benefits, and interest paid to applicants. In fact, we have
recommended in
     numerous reports that administrators of programs paying federally funded
     benefits match data in their payment files with SSA records to identify
     deceased beneficiaries, and that SSA match its records with other
state and
     federal program records to reduce SSI payments to individuals whom the
     agency finds residing in nursing homes and prisons as well as those
     receiving benefits under other programs.[5] Using SSNs to identify such
     recipients enhances program payment controls and reduces fraud and
     abuse. 

     Another federal law that requires the use of SSNs to identify
individuals is
     the Commercial Motor Vehicle Safety Act of 1986. This law established the
     Commercial Driver’s License Information System (CDLIS), a nationwide
     database. States are required to use individuals’ SSNs to search this
     database for other state-issued licenses commercial drivers may hold.
This
     checking is necessary because commercial drivers are limited to owning 

     Page 5 

     one state-issued driver’s license. If a state grants a license, the
state is
     required to record the license information, including the driver’s
SSN, in
     the CDLIS. States may also use SSNs to search another database, the
     National Driver’s Registry, to determine whether an applicant’s license
     has been cancelled, suspended, or revoked by another state. In these
     situations, the states use SSNs to limit the possibility of
inappropriately
     licensing applicants. 

     Federal law also requires the use of SSNs in state child support programs
     to help states locate noncustodial parents, establish and enforce support
     orders, and recoup state welfare payments from parents.[6] The Personal
     Responsibility and Work Opportunity Act of 1996 expanded the Federal
     Parent Locator Service — an automated database searchable by SSN — to
     include information helpful for tracking delinquent parents across state
     lines. The law requires states to maintain records that include
(1)SSNs for
     individuals who owe or are owed support for cases in which the state has
     ordered child support payments to be made, the state is providing
support,
     or both, and (2)employers’ reports of new hires identified by SSN. States
     must transmit this information to the Federal Parent Locator Service. The
     law also requires states to record SSNs on many other state documents,
     such as professional, occupational, and marriage licenses; divorce
decrees;
     paternity determinations; and death certificates, and to make SSNs
     associated with these documents available for state child support
agencies
     to use in locating and obtaining child support payments from noncustodial
     parents. 

     Some Federal Laws Restrict SSN Use 

     Federal laws that require the use of an SSN generally limit its use to
the
     statutory purposes described in each of the laws. For example, the
Internal
     Revenue Code, which requires the use of SSNs for certain purposes,
     declares tax return information, including SSNs, to be confidential and
     prescribes both civil and criminal penalties for unauthorized disclosure.
     Similarly, the Social Security Act, which requires the use of SSNs for a
     number of different purposes, declares that SSNs obtained or maintained
     by authorized individuals on or after October 1, 1990, are
confidential and
     prohibits their disclosure. The Personal Responsibility and Work
     Opportunity Act of 1996 explicitly restricts the use of SSNs to
purposes set
     out in the act, such as locating absentee parents to enforce child
support
     payments. 

     Page 6 

     In addition to the restrictions contained in laws that require the use of
     SSNs, the Privacy Act of 1974 also restricts federal agencies in
collecting
     and disclosing personal information, which includes SSNs. The act
requires
     federal agencies that collect information from individuals to inform the
     individuals of the agencies’ authority for requesting the information,
     whether providing the information is optional or mandatory, and how the
     agencies plan to use the information. The act, which also prohibits
federal
     agencies from disclosing information without the individuals’ consent,
does
     not apply to other levels of government and private businesses. 

     Except as discussed above, federal law does not regulate the use of SSNs.
     Thus, legitimate businesses and nonfederal agencies have devised uses of
     SSNs not covered by federal law, as discussed in the following section. 

     Businesses and Governments Use SSNs Extensively 

     The advent of computerized record keeping has led private businesses and
     government agencies to routinely use SSNs for activities other than those
     required by federal laws and regulations. Businesses and government
     agencies may ask for SSNs when individuals apply for benefits or
services,
     such as worker’s compensation, driver’s licenses, credit, checking
     accounts, insurance, apartment rentals, and public utilities. Law
     enforcement agencies may also use SSNs for investigative purposes. 

     Because there are so many users of the SSN, we focused on describing
     SSN use by organizations that routinely use these numbers for activities
     that affect a large number of people: organizations that sell personal
     information, provide financial services, and offer health care
services and
     state government agencies that are responsible for collecting personal
     income tax and licensing drivers. In general, organizations may record
     SSNs in their databases for two purposes: to locate records for routine
     internal activities, such as maintaining and updating account
information,
     and, more frequently, to facilitate information exchanges with other
     organizations. 

     Businesses That Sell Personal Information 

     Continuing advances in computer technology and the ready availability of
     computerized data have spurred the growth of a new business activity:
     amassing vast amounts of personal information, including SSNs, about
     members of the public for resale. Businesses involved in this activity
act as
     information brokers.[7] One information broker official told us his
     organization has more than 12,000 discrete databases. The increasing 

     Page 7 

     proliferation of information brokers has aroused concerns about
     individuals’ personal identifying information, including SSNs, being made
     easily available to others. Federal law does not prohibit such
disclosure of
     SSNs. 

     Brokers buy information from public and private sources in various
     markets throughout the nation. The information may include public records
     of bankruptcy, tax liens, civil judgments, criminal histories, deaths,
real
     estate ownership, driving histories, voter registration, and professional
     licenses. This information may also include privately owned information
     such as telephone directories and copyrighted publications, which are
often
     made public, and certain information from consumer credit reports.
     Generally, each record provides details about the specific event for
which it
     was created as well as some personal identifying data — for example, an
     individual’s name; date of birth; current and prior addresses; telephone
     number; and, sometimes, SSN. An information broker official told us that
     not every record his organization buys includes an SSN and that public
     records are more likely to contain SSNs than those from nonpublic
sources.

     Brokers may provide their services (that is, information products) to a
     variety of customers either over private networks or over the Internet.
     Brokers that provide information over private networks generally limit
     their services to businesses that establish accounts with them. Brokers
     providing services over the Internet generally offer their services to
the
     public at large. Law firms, businesses, law enforcement agencies,
research
     organizations, and individuals are among those who use brokers’ services.
     For example, lawyers, debt collectors, and private investigators may
     request information on an individual’s bank accounts and real estate
     holdings for use in civil or divorce proceedings; automobile insurers may
     want information on whether insurance applicants have been involved in
     accidents or have been issued traffic citations; employers may want
     background checks on new hires; pension plan administrators may want
     information to locate pension beneficiaries; and individuals may ask for
     information to help locate birth parents. When requesting information,
     customers may ask for nationwide database searches or searches of only
     specific geographical areas. 

     Information brokers’ databases can be searched by identifiers that may
     include SSNs; brokers may also include SSNs along with information they
     provide customers. When possible, information brokers retrieve data by 

     Page 8 

     SSN because it is more likely to produce records unique to the individual
     than other identifiers are. 

     Financial Services Businesses 

     Three national credit bureaus serve as clearinghouses, receiving charge
     and payment transaction information from businesses that grant consumer
     credit and providing businesses consumer credit reports. Officials
     representing a bank and a credit card company — businesses that provide
     credit — told us that because it serves their interests for credit
bureaus to
     have the most to up-to-date consumer payment histories, businesses in
     their industries voluntarily report customers’ charge and payment
     transactions, accompanied by SSNs, to credit bureaus. SSNs are one of the
     principal identifiers credit bureaus use to update individuals’ credit
records
     with the monthly reports of credit and payment activity creditors send
     them. In addition, credit bureaus use SSNs provided by customers to
     retrieve credit reports on individuals. Credit bureau officials told
us that
     customers are not required to provide SSNs when requesting reports, but
     requests without SSNs need to include enough information to sufficiently
     identify the individual. An official for a credit bureau trade
association
     estimated that each national credit bureau has more than 180 million
credit
     records.[8] A publication by this official’s trade association
estimated that,
     combined, all three bureaus sell 600 million credit reports annually. 

     Businesses such as insurance companies, collection agencies, and credit
     granters use SSNs to request information about customers from credit
     bureaus. To determine a customer’s likelihood of repaying a loan,
     businesses — banks and credit card companies in particular — want
     information on customers’ histories of repaying debts and whether
     customers have filed for bankruptcy or have monetary judgments against
     them, such as tax liens. Officials representing credit granters said most
     banks and credit card companies ask applicants to provide their SSNs, and
     these credit granters may choose to deny services to individuals who
     refuse. These officials said their organizations generally do not use
SSNs
     as internal identifiers but instead assign an account number as a
     customer’s primary identifier. 

     Health Care Services Organizations 

     Health care services are generally delivered through a coordinated system
     that includes health care providers and insurers. Officials representing
     hospitals, a health maintenance organization (HMO), and a health
     insurance 

     Page 9 

     trade association told us that their organizations always ask for an SSN,
     but they do not deny services if a patient refuses to provide the
number. 

     A hospital and an HMO official said that their organizations assign
patients
     other identifying numbers, which they use internally as primary
identifiers
     for patient medical records, and that they use SSNs as a backup to
identify
     records when a patient either forgets or does not know the patient number
     he or she was assigned. The HMO official said SSNs are also used to
     integrate patients’ records when providers merge, a trend that is
growing.
     In data exchanges, hospital and HMO officials said they use SSNs to track
     patients’ medical care across multiple providers, which helps
establish the
     patients’ medical history and avoid duplicate tests. 

     A trade association official told us that some health insurers use the
SSN
     or a variation of the number as a primary identifier, which becomes the
     customer’s insurance number. We were told that the BlueCross BlueShield
     health insurance plans and the Medicare program frequently use this
     method. In addition, the trade association official said insurers and
     providers frequently match records among themselves, using SSNs to
     determine whether individuals have other insurance to coordinate payment
     of insurance benefits. 

     Officials in the health care industry expect their use of SSNs to
increase.
     For example, the hospital official said that to ensure it has a valid
address
     to bill patients, her hospital plans to use SSNs during the admission
process
     to obtain on-line verification of patients’ addresses from credit
bureaus. 

     State Agencies 

     The states use SSNs to support state government operations and offer
     services to residents. The Social Security Act authorizes states to use
     SSNs to administer any tax, general public assistance, driver’s
license, or
     motor vehicle registration law in order to identify individuals
affected by
     such laws. Officials of the Maryland and Virginia personal income tax and
     Ohio and Georgia driver licensing programs told us that they use SSNs in
     both administering these programs and enforcing compliance with
     regulations governing the programs. 

     State income tax administrators routinely use the SSN as a primary
     identifier in their programs. An official from an organization
representing
     state tax administrators said that all states levying personal income
taxes
     use SSNs to administer their programs. Tax officials said that states use
     SSNs to make state tax systems compatible with the federal system and to 

     Page 10 

     reduce taxpayer reporting burden. Maryland and Virginia tax
     administrators told us their state tax returns require individuals to
provide
     their SSNs, and individuals who omit SSNs risk being considered nonfilers
     if tax administrators cannot otherwise identify the submitter of the
return. 

     Tax administrators also use SSNs internally for auditing purposes. For
     example, tax administration officials said they use SSNs to
cross-reference
     owners’ or officers’ business income tax returns with their personal
income
     tax returns so that an audit of one triggers an audit of the other.
Also, in
     the course of monitoring compliance with state income tax laws, states
use
     SSNs to exchange data with other organizations. For example, in order to
     monitor taxpayer income reporting, states rely on SSNs for data matches
     with IRS and state tax agencies to identify residents who received income
     from out-of-state employers and businesses and to verify credits for
income
     taxes that filers report paying to other states. Also, when tax
     administrators assess liens against taxpayers, states may use SSNs to
     request information from information brokers and credit bureaus to
identify
     taxpayer assets, such as bank accounts and real estate. In addition,
federal
     and state agencies, such as IRS and state child support agencies, use
SSNs
     when asking state tax administrators to offset state refunds otherwise
due
     to taxpayers. 

     State driver licensing agencies are more likely to use SSNs to exchange
     data with other organizations than to support internal activities. A few
     states print SSNs on licenses and use the SSNs either as license numbers
     or along with the state-assigned license numbers. Most state driver
     licensing agencies that request SSNs, however, include SSNs in driver
     records as a secondary identifier and devise their own license numbers.
     Information from the AAMVA and other sources suggests that many states
     request, but may not require, applicants for noncommercial driver’s
     licenses to provide their SSNs. AAMVA officials estimate that there are
     about 175 million noncommercial drivers nationwide. 

     To monitor driver compliance with state laws, state officials said
they use
     SSNs during the licensing process to search national databases maintained
     by AAMVA to identify driver’s licenses the applicant may hold in other
     states and determine whether the applicant has had a license suspended or
     revoked in another state. These officials also told us that organizations
     such as the courts and law enforcement agencies may choose to request
     driver records by SSN when they do not know the driver’s license number. 

     Page 11 

     AAMVA officials expect states’ use of SSNs to increase as the result of a
     recent federal law. Effective October 1, 2000, the Illegal Immigration
     Reform and Immigrant Responsibility Act of 1996 prohibits federal
     agencies from accepting state-issued driver’s licenses as proof of
     identification, unless licenses satisfy federal requirements set out
in the
     act. Specifically, states must either verify a driver’s SSN with SSA and
     record the number in their database or display the number, visually or
     electronically, on the license. 

     States’ practices for disclosing SSNs contained in driver records
vary. In
     states in which driver records are public information, states may
disclose
     SSNs to individuals and organizations such as credit card companies,
direct
     marketers, and credit bureaus.[9] For example, Massachusetts driver
     licensing officials told us that their driver records are public and
that the
     state includes individuals’ license numbers (usually the SSN) when
     providing information to organizations or people requesting driver
records. 

     Business and State Officials Believe Federal Laws Restricting Uses of
     SSNs Would Have a Negative Impact 

     Officials of the programs and activities we reviewed believed their
entities
     would be negatively affected if federal laws were enacted restricting
use of
     SSNs. Businesses that sell personal information and state driver
licensing
     officials, however, told us that their organizations have already
voluntarily
     responded to concerns about their practices for disclosing SSNs. State
tax
     administrators and credit bureau officials said that federal restrictions
     could hamper their ability to conduct routine internal activities. For
     example, representatives of these organizations said such restrictions
could
     impede credit bureaus’ ability to accurately post consumer payment and
     credit transactions and state tax agencies’ ability to identify tax
filers.
     Moreover, many of the officials we interviewed believed that federal
     restriction of their use of SSNs would hamper their ability to conduct
data
     exchanges with other organizations. Without SSNs, state tax
administrators
     said, it would be difficult to associate tax return information
received from
     other tax agencies with tax information reported by residents. In
addition, a
     health care provider said federal restrictions on SSN use could impede
     providers’ ability to track patients’ medical histories over time and
among
     multiple providers. Also, AAMVA officials said federal restrictions could
     hinder states’ ability to screen for applicants who try to conceal
traffic
     violations they have acquired under other state licenses. Many of the
     officials we interviewed said federal restrictions on their use of
SSNs could 

     Page 12 

     make it difficult for their organizations to be assured of receiving
credit
     reports for the specific individuals they requested. Officials of bank
and
     credit card companies said they rely heavily on credit reports to make
     decisions about providing customers service on credit. 

     Officials of businesses that sell personal information and driver
licensing
     agencies also believed that federal restrictions on SSN use could make it
     difficult for others to obtain specific records from them. For
example, driver
     licensing officials said that if “outsiders,” such as government and law
     enforcement agencies, do not know the driver’s license number and cannot
     request driver records by SSNs, these agencies can only use the driver’s
     name and are more likely, therefore, to receive the records of other
people
     with the same name. 

     Because of privacy concerns raised by disclosure of personal information,
     businesses and states have become more sensitive to this issue and are
     voluntarily restricting the disclosure of some personal information,
     including SSNs. In December 1997, 14 businesses that sell personal
     information — the self-identified industry leaders — responded to these
     concerns by, among other things, voluntarily executing a written
agreement
     stating their intent to restrict disclosure of SSNs associated with
data they
     obtain from nonpublic sources.[10] These 14 businesses essentially agreed
     to make SSNs from such sources available to only a limited range of
     customers identified as having appropriate uses for the information, such
     as law enforcement. The 14 organizations also agreed to annual compliance
     reviews by independent contractors. When an organization fails to comply
     with the agreement, the Federal Trade Commission can cite the
     organization for unfair and deceptive business practices. Because the
     agreement was not scheduled to be fully implemented until December 31,
     1998, its effectiveness could not be determined during our review. 

     In addition, some states are discontinuing practices that result in
routine
     disclosure of SSNs. For example, since July 1, 1997, Georgia no longer
     automatically prints SSNs on licenses but rather assigns its own numbers
     for driver licenses and uses SSNs as license numbers only if requested by
     the license holder to do so. Ohio, which before July 29, 1998, routinely
     printed SSNs along with state-assigned numbers on driver’s licenses, now
     allows drivers the option of not having SSNs printed on their
licenses. Also,

     Page 13 

     AAMVA officials believe most states in which driver records are public
     now exclude SSNs when responding to requests for driver records. 

     Agency Comments 

     SSA provided technical comments on a draft copy of this report, which we
     have incorporated as appropriate. 

     We are providing copies of this report to the Commissioner of Social
     Security, officials of organizations and agencies we interviewed
concerning
     their use of SSNs, and other interested congressional parties. 

     Copies will also be made available to others upon request. Please contact
     me on (202) 512-7215 if you have any questions about this report. Other
     major contributors to this report are listed in appendix III.
Sincerely yours, 

     Cynthia M. Fagnoni 
     Director, Income Security Issues 

     Page 14 

     [page 15 is blank] 
       

     CONTENTS 



Letter......................................................................
...................1 

     Appendix
I...........................................................................
....18 
     Organizations and Agencies We Contacted Concerning 
     Their Use of Social Security Numbers 

     Appendix
II..........................................................................
...19 
     Scope and Methodology 

     Appendix
III.........................................................................
..21 
     GAO Contacts and Staff Acknowledgments 

     Abbreviations: 
     AAMVA American Association of Motor Vehicle Administrators 
     CDLIS Commercial Driver’s License Information System 
     HMO health maintenance organization 
     IRS Internal Revenue Service 
     SSA Social Security Administration 
     SSI Supplemental Security Income 
     SSN Social Security number 
     TANF Temporary Assistance for Needy Families 

     Page 16 

     [Page 17 is blank] 

     APPENDIX I 

     Organizations and Agencies We Contacted Concerning Their Use of Social
     Security Numbers 

     American Association of Motor Vehicle Administrators, Arlington, VA 
     American Bankers Association, Washington, DC 
     Associated Credit Bureaus, Inc.; Washington, DC 
     BlueCross BlueShield Association, Washington, DC 
     Commonwealth of Virginia, Department of Taxation; Richmond, VA 
     Credit Plus Solution Group, Harrisburg, PA 
     Experian, Silver Spring, MD 
     Federation of Tax Administrators, Washington, DC 
     Georgia Department of Public Safety, Division of Driver Services;
Atlanta,
     GA 
     Independent Bankers Association of America, Washington, DC 
     Information Industry Association, Washington, DC 
     Kaiser Permanente, Rockville, MD 
     Lexis-Nexis, Miamisburg, OH 
     Maryland Hospital Association, Lutherville, MD 
     MasterCard, Washington, DC 
     Mutual Fund Education Alliance, Kansas City, MO 
     Ohio Bureau of Motor Vehicles, Columbus, OH 
     State of Maryland, Comptroller of the Treasury, Revenue Administration
     Division; Annapolis, MD 
     Wachovia Corporation, Special Services; Atlanta, GA 
     Washington Hospital Center, Washington, DC 

     Page 18 

     Appendix II 
     Scope and Methodology 

     We identified federal requirements and restrictions governing Social
     Security numbers (SSN) by using a list prepared by the Social Security
     Administration (SSA) that identified federal laws addressing SSNs. We
     developed information on programs’ required uses of SSNs by interviewing
     officials at the following: SSA’s Retirement, Survivors, and Disability
     Insurance and Supplemental Security Income programs; the Internal
     Revenue Service’s federal personal income tax program; the Department
     of Health and Human Services’ Medicare, Medicaid, Temporary
     Assistance for Needy Families, and Child Support Enforcement programs;
     and the Department of Agriculture’s Food Stamp program. 

     On the basis of literature searches and interviews with Federal Trade
     Commission, SSA, and other cognizant officials, we identified numerous
     types of businesses and government activities and programs that use SSNs
     extensively. We then selected two areas of commercial activity (the
     financial services and health care services industries) and two state
     government activities (personal income tax and driver licensing programs)
     for a detailed examination of their SSN use. In addition, we included
in our
     review the industry that gathers and sells personal information. Although
     organizations in this industry do not obtain SSNs directly from the
people
     they provide information about, these organizations do provide customers
     personal information about individuals that may include their SSNs.
     Because there are no readily available data on how extensively businesses
     and states use SSNs, we selected entities that are commonly known to use
     SSNs routinely and that affect a large number of the general public by
this
     use. We developed information on SSN use for these entities through
     interviews with officials representing the selected businesses, trade
     organizations, and state programs. We obtained officials’ statements
about
     the prevalence of the use of SSNs among other similar businesses and
     state agencies as well as officials’ opinions about the potential
impact on
     their operations if they were restricted in how they could use SSNs. 

     We performed our work at SSA headquarters in Baltimore, Maryland;
     Washington, D.C.; and some of their suburbs and at selected other
     locations including Annapolis, Maryland; Atlanta, Georgia; Harrisburg,
     Pennsylvania; and Richmond, Virginia. We conducted telephone interviews
     with officials in Columbus, Ohio; Boston, Massachusetts; and Kansas City,
     Missouri. We selected both large and small organizations to determine if
     size altered the organization’s use of SSNs or its views about the
effect of
     limiting the use of SSNs. 

     Page 19 

     APPENDIX II 
     Scope and Methodology 

     Information in this report was obtained primarily through interviews
and is
     not generalizable to the universe of government and business communities
     of the officials we interviewed. We did not verify the accuracy of the
     information provided. This report does not address SSN use for illegal
     activities, such as credit card or program fraud, which are punishable
under
     criminal statutes, because such an investigation was beyond the scope of
     the work we were asked to do. (In May 1998, we reported to the Congress
     on identity fraud, which can involve misuse of SSNs.)[11] 

     Page 20 

     APPENDIX III 
     GAO Contacts and Staff Acknowledgments: 
     GAO Contacts Barbara Bovbjerg, Associate Director, (202) 512-5491 
     Roland H. Miller, Assistant Director, (202) 512-7246 
     Jacquelyn Stewart, Evaluator-in-Charge, (202) 512-7232 

     Staff Acknowledgments: 
     The following people also made important contributions to this report: 
     Dennis Gehley and William Staab, Senior Evaluators, conducted work in
     the health care and financial communities, and Roger Thomas, Senior
     Attorney, provided legal counsel. 

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     Page 21 
       

     1 Some individuals do not have an SSN either because they do not want
     one or because they are ineligible to receive one. Prior to 1996, SSA
issued
     an SSN to any lawful alien requesting a number. Since then, the only
     noncitizens to whom SSA has issued SSNs have been those with one of two
     valid nonwork reasons for needing a number. That is, the federal
     government requires applicants for benefits or services under certain
     federal programs to have an SSN, and states require applicants for
driver’s
     licenses to have SSNs. 

     2 In cases in which individuals do not have SSNs or choose not to provide
     them, organizations may use alternative identifiers. 

     3 The Internal Revenue Service (IRS) assigns permanent taxpayer
     identification numbers to individuals who need identifiers for tax
purposes
     but are not eligible to obtain SSNs. 

     4 As of July 1, 1997, the Personal Responsibility and Work Opportunity
     Act replaced Aid to Families With Dependent Children with TANF. 

     5 See Social Security: Better Payment Controls for Benefit Reduction
     Provisions Could Save Millions (GAO/HEHS-98-76, Apr. 30, 1998),
     Supplemental Security Income: Opportunities Exist for Improving Payment
     Accuracy (GAO/HEHS-98-75, Mar. 27, 1998), Supplemental Security
     Income: Timely Data Could Prevent Millions in Overpayments to Nursing
     Home Residents (GAO/HEHS-97-62, June 3, 1997), Supplemental Security
     Income: SSA Efforts Fall Short in Correcting Erroneous Payments to
     Prisoners (GAO/HEHS-96-152, Aug. 30, 1996), Supplemental Security
     Income: Administrative and Program Savings Possible by Directly
     Accessing State Data (GAO/HEHS-96-163, Aug. 29, 1996), and Social
     Security: Most Social Security Death Information Accurate but
     Improvements Possible (GAO/HEHS-92-11, Aug. 29, 1994). 

     6 States’ receipt of federal funding for TANF is contingent upon their
     compliance with federal child support enforcement initiatives. 

     7 Information brokers are also referred to as “individual reference
     services” or “look-up services.” 

     8 Many individuals may be included in more than one national credit
     bureau’s database. 

      9 Since Sept. 1997, states have been required by the federal Driver
     Privacy Protection Act to honor individuals’ requests that their
records not
     be made available for mass distribution. 

     10 An official of the information industry said businesses that signed
the
     agreement handle about 90 percent of the industry’s business. 

     11 Identity Fraud: Information on Prevalence, Cost, and Internet
Impact Is
     Limited (GAO/GGD-98-100BR, May 1, 1998). 

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