Keith Mack
Social Security Numbers (SSNs) are a key identifier for individuals in the US. They were originally used by the government to track earnings and pay retirement benefits. However, over time, they have become a critical piece of personal information, often used as a form of identification. While there is no law that prevents businesses from asking for an individual's SSN, and certain government agencies, including the DMV, welfare offices, and tax agencies, can require them, it is not common for law enforcement to ask for this information. In the state of Georgia, official state websites and email systems can be identified by georgia.gov or ga.gov at the end of the address, and one can call 1-800-GEORGIA to verify the authenticity of a website.
| Characteristics | Values |
|---|---|
| Can law enforcement find you by your SSN? | Yes, police officers can use your SSN to verify your identity, especially if you do not have a valid form of identification. |
| Can you refuse to give your SSN to law enforcement? | Yes, you can refuse to give your SSN to law enforcement, but they may arrest you if you do not provide sufficient information to prove your identity. |
| Is it common for law enforcement to ask for SSN? | No, it is not common for law enforcement to ask for SSN, and some people advise against giving it out. |
| What can someone do with your SSN? | With your name and SSN, someone could open new credit and bank accounts, rent an apartment, or even get a job. |
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What You'll Learn
Law enforcement's use of SSN to verify identity
Social Security Numbers (SSNs) are a unique identifier for every person in the US. They are the most reliable numerical identifier for a person, as there could be two people with the same name and date of birth, but their SSNs will always be different.
The Social Security Act (SSA) permits state agencies to use SSNs to identify individuals for tax, public assistance, driver's license, or motor vehicle registration purposes. The SSA also allows SSNs to be used to issue birth certificates and enforce child support orders. Federal, state, and local agencies may deny an individual a right, benefit, or privilege if they refuse to disclose their SSN, if required under statute or regulation adopted before 1975, and used to verify identity.
In some states, SSNs are required on driver's licenses, and in others, they are optional. Law enforcement officers may request an individual's SSN if they do not have a valid form of identification, and failure to provide it could result in arrest and booking under a John/Jane Doe name. However, if an individual has proper ID, they can decline to provide their SSN.
The use of SSNs has expanded over the years, and they are now recorded on many official documents, such as professional licenses, death certificates, birth records, and marriage licenses. This expansion has raised privacy concerns, and the SSA is under pressure to ensure the accuracy of SSNs, provide verification services, and protect individuals' privacy.
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SSN disclosure to law enforcement
The Social Security Act (SSA) expressly permits state agencies to use social security numbers (SSNs) for identifying individuals for tax, general public assistance, driver's license, or motor vehicle registration purposes. The SSA also allows state agencies to use SSNs to issue birth certificates and enforce child support orders. The Secretary of Agriculture can use SSNs to administer the Food and Nutrition Act of 2008, and the Federal Crop Insurance Corporation can use them to administer the Federal Crop Insurance Act.
However, the Privacy Act does not provide for a civil remedy against non-federal agencies or injunctive relief outside of access and amendment contexts. Courts have held that Section 7 of the Privacy Act applies only to federal agencies and does not cover state or local entities. The act permits individuals to bring civil action for SSN disclosure but only against federal agencies.
In the state of Georgia, government websites and email systems use "georgia.gov" or "ga.gov". It is important to ensure that you are on an official state website before sharing sensitive or personal information.
Law enforcement officials can request information from any Social Security Administration (SSA) field office, and most are generally satisfied with the information provided. However, some state and local law enforcement agencies are unfamiliar with the process for obtaining information and have expressed frustration. Federal law enforcement agencies are more familiar with the procedures for obtaining information from the SSA.
The Office of the Inspector General (OIG) is authorized to handle SSN disclosures through a memorandum of understanding (MOU) with the SSA. The OIG investigations staff conducts and coordinates activities related to fraud, waste, abuse, and mismanagement of SSA programs. They also conduct joint investigations with other federal, state, and local law enforcement agencies. The OIG is permitted to open an investigation and participate in joint investigations with law enforcement officials if further investigation is warranted.
While the OIG can disclose certain limited information from SSA records in cases involving fraud or misuse of an SSN, they must submit an annual report to the Commissioner of the SSA no later than 30 days after the end of the fiscal year. This report must reflect the total number of SSN verification requests received and responses made.
In addition, the law requires businesses that own, maintain, or license computerized data with personal information, including SSNs, to disclose any security breaches without unreasonable delay. Businesses must also notify the owner of the personal data if they do not own it themselves. The law imposes various requirements for the disclosure and public notice of a security breach, and businesses must delay public notification if requested by a law enforcement agency to avoid impeding a criminal investigation.
The law also prohibits using the internet or email to solicit or induce individuals to provide SSNs by pretending to be an online business without authorization. The attorney general or anyone aggrieved by a violation may take legal action to enforce the law and restrain further violations.
Furthermore, anyone who does business in Connecticut and owns, maintains, or licenses computerized data with personal information, including SSNs, must create a privacy protection policy. This policy must ensure the confidentiality of SSNs, prohibit their unlawful disclosure, and limit access to them. Intentional violators are subject to a civil penalty of $500 for each violation, up to a maximum of $500,000 per event.
In conclusion, while SSN disclosure to law enforcement is permitted in certain circumstances, there are also laws in place to protect the privacy and security of individuals' SSNs. These laws apply to both businesses and government agencies, with civil and criminal penalties for violations.
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SSN and identity theft
While there is no definitive statement on whether or not law enforcement in Georgia can find you by your social security number (SSN), it is clear that SSNs are a key target for identity thieves.
Your SSN is a unique identifier and, with your name, can be used to open new credit and bank accounts, rent an apartment, or even get a job. This means that it is a very powerful tool for identity thieves. It is important to protect your SSN and not carry your Social Security card with you. Keep it at home in a safe place. Do not routinely carry your SSN, and never say your SSN aloud in public. Be aware of phishing scams (emails, internet links, and phone calls) that try to trick you into revealing personal information.
If you believe your SSN has been stolen or compromised, you should report it to the Federal Trade Commission (FTC). The FTC collects complaints about identity theft and provides resources for those whose SSN may have been exposed in a data breach. You can also report identity theft at IdentityTheft.gov and obtain an FTC Identity Theft Report and a recovery plan. Additionally, the Social Security Administration (SSA) provides resources and guidance on fraud prevention and reporting, including a fraud hotline and online reporting.
It is important to note that, while police officers may ask for your SSN, you are not legally required to disclose it to them. If you have proper identification, such as a driver's license, you can decline to provide your SSN. However, if you do not have any valid form of identification, you may be asked to provide additional information to prove your identity.
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SSN and state agencies
Social Security Numbers (SSNs) have become de facto national identification numbers in the United States. While the government cannot require an individual to disclose their SSN without a legal basis, companies may refuse to provide services to those who do not provide an SSN.
The Social Security Act (SSA) expressly permits state agencies to use SSNs for the purpose of identifying individuals "in the administration of any tax, general public assistance, driver's license, or motor vehicle registration law within its jurisdiction". This includes issuing birth certificates and enforcing child support orders.
State unemployment compensation agencies have been using SSNs to identify workers since 1938, and the SSA began assigning SSNs and issuing cards from Baltimore via a computer-based system in 1972. SSNs are also used by the Secretary of Agriculture when administering the Food and Nutrition Act of 2008, and by the Federal Crop Insurance Corporation when administering the Federal Crop Insurance Act.
In some states, SSNs are optional on driver's licenses, but police officers can still use a person's driver's license to find their SSN. If a person does not have a valid form of identification, they may be arrested and booked under the name John/Jane Doe.
In rare cases, the SSA may issue a new SSN to a person with a prior SSN, such as in cases of harassment, abuse, or life endangerment, or if the individual is a victim of SSN misuse. However, changing one's SSN may adversely impact their ability to interact with federal and state agencies, as well as employers, as all of the individual's records will be under the former SSN.
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SSN and civil remedies
The Social Security Act (SSA) expressly permits state agencies to use social security numbers (SSN) for identifying individuals in the administration of tax, general public assistance, driver's license, or motor vehicle registration laws. The SSA also permits state agencies to use SSNs to issue birth certificates and enforce child support orders.
While the Privacy Act of 1974 prohibits the denial of benefits to individuals who refuse to disclose their SSN, there are exceptions for statutes or regulations in effect before January 1, 1975. Federal, state, and local agencies may deny an individual a right, benefit, or privilege provided by law if the individual refuses to disclose their SSN when required by statute or regulation adopted before this date.
The Privacy Act does not provide a civil remedy against non-federal agencies or individuals. Courts of appeals have held that Section 7 of the Privacy Act applies exclusively to federal agencies and does not provide for causes of action against state and local entities. However, other courts, including the Seventh and Eleventh Circuit Courts of Appeals, have concluded that Section 7, which governs SSN usage, applies to federal, state, and local agencies, and provides a private right of action for individuals deprived of their rights under colour of state law.
In the context of law enforcement, police officers may request an individual's SSN to verify their identity, especially if the individual does not have a valid form of identification. While some states include SSNs on driver's licenses, others make it optional or derive the SSN from the license number. Individuals are not legally required to disclose their SSN to law enforcement, but refusing to provide identifying information when requested by an officer may result in arrest and booking under a John/Jane Doe name.
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Frequently asked questions
Yes, if GA law enforcement has your SSN, they can find you. Your SSN is a unique identifier, and while it is not standard practice for police to ask for your SSN, they can use it to find you if they need to.
Yes, you can decline to give your SSN to a police officer. However, they may ask for alternative forms of identification, and if you are unable to provide these, they may arrest you and book you in under a John/Jane Doe name.
Do not carry your Social Security card with you, and do not give your SSN to anyone unless you are sure it is necessary. Check for other cards that may have your SSN on them, and be aware that some government agencies and businesses may require your SSN.
In the US, your SSN is required for tax purposes and to receive government benefits such as welfare. It is also often used for driver's licenses and motor vehicle registration.
It is very rare for the Social Security Administration to allow someone to change their SSN. Doing so could result in losing your credit history, academic records, and professional degrees.
