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Skywise wrote:
that was my understanding too, but it seems that the DMV can indeed require it, I'd be interested in reading that. found it! :-) California Vehicle Code Section 1653.5: http://www.dmv.ca.gov/pubs/vctop/d02/vc1653_5.htm --Sylvain |
#2
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"Sylvain" wrote in message
... I'd be interested in reading that. found it! :-) California law doesn't have the authority to override the federal prohibition against use of the social security number. They can put whatever they want into the California Vehicle Code. If federal law prohibits their use of the SS number, it is prohibited, and the California law is in violation of federal law. Pete |
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"Peter Duniho" wrote in message
... [...] They can put whatever they want into the California Vehicle Code. If federal law prohibits their use of the SS number, it is prohibited, and the California law is in violation of federal law. However, the premise that "federal law prohibits their use of the SS number" is false (as I've now learned). Here's the SSA FAQ on the question: http://makeashorterlink.com/?J3BB42B6C (long version: http://ssa-custhelp.ssa.gov/cgi-bin/...php?p_faqid=78) Some quotes: The Privacy Act regulates the use of SSNs by government agencies. When a Federal, State, or local government agency asks an individual to disclose his or her Social Security number, the Privacy Act requires the agency to inform the person of the following: the statutory or other authority for requesting the information; whether disclosure is mandatory or voluntary; what uses will be made of the information; and the consequences, if any, of failure to provide the information. And, If a business or other enterprise asks you for your SSN, you can refuse to give it. However, that may mean doing without the purchase or service for which your number was requested. IMHO the latter quote is a bit of a "duh". Other than the usual contractual obligations, I'm not aware of any law that gives a private business the authority to compel me to do something. Apparently, federal law does *not* prohibit businesses from asking for and using a social security number as a requirement for doing business with them. Basically, the way I read this, pretty much anyone can ask for and use your social security number, and governments can impose a legal obligation requiring you to divulge it. "Privacy Act". Right. Pete |
#4
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Peter Duniho wrote:
"Privacy Act". Right. at least California came up with the Civil Code Section 1798.85 -- gosh, why do I manage to memorize things like that, but can forget where I parked my car? -- which brings a bit of sanity in the whole thing (in short -- probably inaccurate summary, but that's the gist of it as I remember it -- it prevents whoever has your SSN# from being as outwardly careless and reckless with it as they once were, e.g., using it in correspondence, on membership/id cards, etc., not much about how they store and protect the info though... --Sylvain |
#5
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On Thu, 05 Jan 2006 14:08:04 -0800, Sylvain wrote in
:: Skywise wrote: that was my understanding too, but it seems that the DMV can indeed require it, I'd be interested in reading that. found it! :-) California Vehicle Code Section 1653.5: http://www.dmv.ca.gov/pubs/vctop/d02/vc1653_5.htm More information he http://www.cpsr.org/prevsite/cpsr/pr...n/ssn.faq.html Why SSN Privacy matters -------------------------------------------------------------------------------- Is it illegal for someone to ask for my SSN? The short answer is that there are many restrictions on government agencies asking for your number, but few on individuals or companies. When someone from a government agency asks for your number, they are required to provide a Privacy Act Disclosure Notice, which is required to tell you what law allows them to ask, whether you have to provide your number, and what will happen if you don't provide the number. Private companies aren't required to follow this law, and in general your recourse is to find another company to do business with if you don't like their policies. Why Should I Care Whether Anyone Knows my SSN? There are two problem with the way SSNs are used these days. The first is that they are used (by different parties) as if they were both a representation of identity and a secure password. The second problem is that they have become a widely used identifier which can be used to tie multiple records together about a single individual. Many institutions, including hospitals and some banks and brokerages use client's SSNs as a secure representation of their identity. This seems a good idea, since you aren't allowed to change your SSN, even though you might change your address, your name, or your phone number. Other institutions, notably banks, use SSNs as if they were secret passwords that only the owner would know. If someone knows the name and the SSN, and is willing to say they have forgotten the account number, they will usually be allowed to transfer funds, or make other changes to an account with serious repercussions. The problem is that these uses are incompatible. As SSNs are widely used representations of people's identities, appearing on driver's licenses, mailing labels, and publicly-posted progress reports at universities, their broad availability becomes more apparent. There is further discussion of this issue in the section on Significance of the SSN. Didn't the government promise that SSNs wouldn't be used for ID? For the first few decades that SSN cards were issued, they carried the admonition: "Not to be used for Identification." Unfortunately there was never any law passed instituting this as a policy. The Social Security Agency was apparently attempting to instill good values in the citizens, but was apparently unsuccessful in preventing government encroachment into this territory. For more information on the evolution of the laws concerning privacy and Social Security additional details are available in the more complete version of the FAQ. |
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