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- == Phrack Inc. ==
-
- Volume Three, Issue Thirty-five, File 6 of 13
-
- ***** Social Security Numbers & Privacy *****
- *** ***
- * b y C h r i s H i b b e r t *
- *** ***
- ***** June 1, 1991 *****
-
- Computer Professionals for Social Responsibility
-
- Many people are concerned about the number of organizations asking for their
- Social Security Numbers. They worry about invasions of privacy and the
- oppressive feeling of being treated as just a number.
-
- Unfortunately, I can't offer any hope about the dehumanizing effects of
- identifying you with your numbers. I *can* try to help you keep your Social
- Security Number from being used as a tool in the invasion of your privacy.
-
- Surprisingly, government agencies are reasonably easy to deal with; private
- organizations are much more troublesome. Federal law restricts the agencies at
- all levels of government that can demand your number and a fairly complete
- disclosure is required even if its use is voluntary. There are no comparable
- laws restricting the uses non-government organizations can make of it, or
- compelling them to tell you anything about their plans. With private
- institutions, your main recourse is refusing to do business with anyone whose
- terms you don't like.
-
- *********************
- *** ***
- *** Short History ***
- *** ***
- *********************
-
- Social Security numbers were introduced by the Social Security Act of 1935.
- They were originally intended to be used only by the social security program,
- and public assurances were given at the time that use would be strictly
- limited. In 1943 Roosevelt signed Executive Order 9397 which required federal
- agencies to use the number when creating new record-keeping systems. In 1961
- the IRS began to use it as a taxpayer ID number. The Privacy Act of 1974
- required authorization for government agencies to use SSNs in their data bases
- and required disclosures (detailed below) when government agencies request the
- number. Agencies which were already using SSN as an identifier were allowed to
- continue using it. The Tax Reform Act of 1976 gave authority to state or local
- tax, welfare, driver's license, or motor vehicle registration authorities to
- use the number in order to establish identities. The Privacy Protection Study
- Commission of 1977 recommended that the Executive Order be repealed after some
- agencies referred to it as their authorization to use SSNs. I don't know
- whether it was repealed, but that practice has stopped.
-
- The Privacy Act of 1974 (5 USC 552a) requires that any federal, state, or local
- government agency that requests your Social Security Number has to tell you
- three things:
-
- 1. Whether disclosure of your Social Security Number is required or
- optional;
-
- 2. What law authorizes them to ask for your Social Security Number; and,
-
- 3. How your Social Security Number will be used if you give it to them.
-
- In addition, the Act says that only Federal law can make use of the Social
- Security Number mandatory. So anytime you're dealing with a government
- institution and you're asked for your Social Security Number, just look for the
- Privacy Act Statement. If there isn't one, complain and don't give your
- number. If the statement is present, read it. If it says giving your Social
- Security Number is voluntary, you'll have to decide for yourself whether to
- fill in the number.
-
- *****************************
- *** ***
- *** Private Organizations ***
- *** ***
- *****************************
-
- The guidelines for dealing with non-governmental institutions are much more
- tenuous. Most of the time private organizations that request your Social
- Security Number can get by quite well without your number, and if you can find
- the right person to negotiate with, they'll willingly admit it. The problem is
- finding that right person. The person behind the counter is often told no more
- than "get the customers to fill out the form completely."
-
- Most of the time, you can convince them to use some other number. Usually the
- simplest way to refuse to give your Social Security Number is simply to leave
- the appropriate space blank. One of the times when this isn't a strong enough
- statement of your desire to conceal your number is when dealing with
- institutions which have direct contact with your employer. Most employers have
- no policy against revealing your Social Security Number; they apparently
- believe the omission must have been an unintentional slip.
-
- *****************************
- *** ***
- *** Lenders and Borrowers ***
- *** ***
- *****************************
-
- Banks and credit card issuers are required by the IRS to report the SSNs of
- account holders to whom they pay interest or when they charge interest and
- report it to the IRS. If you don't tell them your number you will probably
- either be refused an account or be charged a penalty such as withholding of
- taxes on your interest.
-
- ************************************
- *** ***
- *** Insurers, Hospitals, Doctors ***
- *** ***
- ************************************
-
- No laws require medical service providers to use your Social Security Number as
- an ID number (except for Medicare, Medicaid, etc). They often use it because
- it's convenient or because your employer uses it to certify employees to its
- groups health plan. In the latter case, you have to get your employer to
- change their policies. Often, the people who work in personnel assume that the
- employer or insurance company requires use of the SSN when that's not really
- the case. When my current employer asked for my SSN for an insurance form, I
- asked them to try to find out if they had to use it. After a week they
- reported that the insurance company had gone along with my request and told me
- what number to use. Blood banks also ask for the number but are willing to do
- without if pressed on the issue. After I asked politely and persistently, the
- blood bank I go to agreed that they didn't have any use for the number, and is
- in the process of teaching their receptionists not to request the number.
-
- ************************************************************
- *** ***
- *** Why Is The Use of Social Security Numbers A Problem? ***
- *** ***
- ************************************************************
-
- The Social Security Number doesn't work well as an identifier for several
- reasons. The first reason is that it isn't at all secure; if someone makes up
- a nine-digit number, it's quite likely that they've picked a number that is
- assigned to someone. There are quite a few reasons why people would make up a
- number: to hide their identity or the fact that they're doing something;
- because they're not allowed to have a number of their own (illegal immigrants,
- e.g.), or to protect their privacy. In addition, it's easy to write the number
- down wrong, which can lead to the same problems as intentionally giving a false
- number. There are several numbers that have been used by thousands of people
- because they were on sample cards shipped in wallets by their manufacturers
- (one is included below).
-
- When more than one person uses the same number, it clouds up the records. If
- someone intended to hide their activities, it's likely that it'll look bad on
- whichever record it shows up on. When it happens accidently, it can be
- unexpected, embarrassing, or worse. How do you prove that you weren't the one
- using your number when the record was made?
-
- A second problem with the use of SSNs as identifiers is that it makes it hard
- to control access to personal information. Even assuming you want someone to
- be able to find out some things about you, there's no reason to believe that
- you want to make all records concerning yourself available. When multiple
- record systems are all keyed by the same identifier, and all are intended to be
- easily accessible to some users, it becomes difficult to allow someone access
- to some of the information about a person while restricting them to specific
- topics.
-
- ***********************************************
- *** ***
- *** What Can You Do To Protect Your Number? ***
- *** ***
- ***********************************************
-
- If despite your having written "refused" in the box for Social Security Number,
- it still shows up on the forms someone sends back to you (or worse, on the ID
- card they issue), your recourse is to write letters or make phone calls. Start
- politely, explaining your position and expecting them to understand and
- cooperate. If that doesn't work, there are several more things to try:
-
- 1. Talk to people higher up in the organization. This often works simply
- because the organization has a standard way of dealing with requests
- not to use the SSN, and the first person you deal with just hasn't
- been around long enough to know what it is.
-
- 2. Enlist the aid of your employer. You have to decide whether talking
- to someone in personnel, and possibly trying to change corporate
- policy is going to get back to your supervisor and affect your job.
-
- 3. Threaten to complain to a consumer affairs bureau. Most newspapers
- can get a quick response. Some cities, counties, and states also have
- programs that might be able to help.
-
- 4. Tell them you'll take your business elsewhere (and follow through if
- they don't cooperate).
-
- 5. If it's a case where you've gotten service already, but someone
- insists that you have to provide your number in order to have a
- continuing relationship, you can choose to ignore the request in hopes
- that they'll forget or find another solution before you get tired of
- the interruption.
-
- If someone absolutely insists on getting your Social Security Number, you may
- want to give a fake number. There is no legal penalty as long as you're not
- doing it to get something from a government agency or to commit fraud. There
- are a few good choices for "anonymous" numbers. Making one up at random is a
- bad idea, as it may coincide with someone's real number and cause them some
- amount of grief. It's better to use a number like 078-05-1120, which was
- printed on "sample" cards inserted in thousands of new wallets sold in the 40s
- and 50s. It's been used so widely that both the IRS and SSA recognize it
- immediately as bogus, while most clerks haven't heard of it. It's also safe to
- invent a number that has only zeros in one of the fields. The Social Security
- Administration never issues numbers with this pattern. They also recommend
- that people showing Social Security cards in advertisements use numbers in the
- range 987-65-4320 through 987-65-4329.
-
- The Social Security Administration recommends that you request a copy of your
- file from them every few years to make sure that your records are correct.
-
- ***************
- *** ***
- *** THE END ***
- *** ***
- ***************
- _______________________________________________________________________________
-