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Can I collect personal information from participants in Virginia? What are the requirements?
Based on the additional context provided, here is your refined response:
Collecting Personal Information in Virginia
In Virginia, an agency cannot require an individual to disclose or furnish their social security number unless it is specifically required by state or federal law in effect prior to January 1, 1975, or is specifically authorized or required by federal law [2.1]. However, an individual may voluntarily provide their social security number in an authorization for release of personal information [1.1].
If an agency collects an individual’s social security number, it must be authorized or required by state or federal law and essential for the performance of that agency’s duties [2.1].
Requirements for Authorization of Release of Personal Information
If an individual voluntarily provides their social security number, they must sign an authorization for release of personal information form prepared by the commission [1.1]. The authorization must include the following:
- Authorization for a review by, and full disclosure to the Federal Bureau of Investigation, an agent of the Virginia State Police, of all records concerning the individual;
- Recognition that the information reviewed or disclosed may be used by the Commonwealth of Virginia and the commission to determine the individual’s qualifications for a license; and
- Release of authorized providers and users of the information from any liability under state or federal data privacy statutes [1.1].
Verifying Requestor’s Identity
A person requesting juvenile record information shall be required to present proper evidence of his own identity, the identity of the individual whose juvenile record information is requested, and authorization from the individual, the individual’s attorney, or, if the individual is a juvenile, the individual’s parent, guardian or other person standing in loco parentis [3.5].
Conclusion
In Virginia, an agency cannot require an individual to disclose their social security number unless it is specifically required by state or federal law. However, an individual may voluntarily provide their social security number in an authorization for release of personal information. If an agency collects an individual’s social security number, it must be authorized or required by state or federal law and essential for the performance of that agency’s duties. The authorization for release of personal information must include specific requirements as outlined in the context documents. Additionally, a person requesting juvenile record information must present proper evidence of their identity and authorization from the individual whose information is requested.
Source(s):
- [1.1] Personal information and authorization for release
- [2.1] (Effective until date pursuant to Va. Const., Art. IV, § 13) Collection, disclosure, or display of social security number; personal identifying information of donors; penalty
- [3.5] Verifying requestor’s identity
Jurisdiction
Virginia