Can I collect social security numbers from participants in Indiana? What are the requirements?

Based on the information provided in the context documents, there are certain restrictions on collecting Social Security numbers from participants in Indiana.

Prohibition against state agencies requiring individual Social Security numbers

IC 4-1-8-1 prohibits any state agency from compelling an individual to provide their Social Security number against their will, except in cases where federal requirements mandate it. However, there are certain exemptions to this prohibition, which are listed in the same section.

Exceptions to the prohibition

The exceptions to the prohibition against collecting Social Security numbers are listed in IC 4-1-8-1(a)(1)-(16). These exceptions include state agencies such as the Department of State Revenue, Department of Workforce Development, and the Indiana Professional Licensing Agency, among others.

Permitted disclosures of Social Security number

IC 4-1-10-5 provides that a state agency may disclose the Social Security number of an individual if any of the following apply: (1) The disclosure of the Social Security number is expressly required by state law, federal law, or a court order. (2) The individual expressly consents in writing to the disclosure of the individual’s Social Security number. (3) The disclosure of the Social Security number is: (A) made to comply with: (i) the USA Patriot Act of 2001 (P.L. 107-56); or (ii) Presidential Executive Order 13224; or (B) to a commercial entity for the permissible uses set forth in the: (i) Drivers Privacy Protection Act (18 U.S.C. 2721 et seq.); (ii) Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or (iii) Financial Modernization Act of 1999 (15 U.S.C. 6801 et seq.). (4) The disclosure of the Social Security number is for the purpose of administration of a state agency employee’s or the state agency employee’s dependent’s health benefits. (5) The disclosure of the Social Security number is for the purpose of administration of: (A) a pension fund administered by the board of trustees of the Indiana public retirement system; (B) a deferred compensation plan or defined contribution plan established under IC 5-10-1.1; (C) a pension plan established by the state police department under IC 10-12; (D) the Uniform Commercial Code (IC 26-1) by the office of the secretary of state; or (E) Title IV-D of the federal Social Security Act.

Collection of Social Security numbers for identification cards

Regarding the collection of Social Security numbers for identification cards, IC 9-24-16-2(b)(6) requires applicants to provide a valid Social Security number or verification of their ineligibility to be issued a Social Security number and their identity and lawful status. However, this section also allows individuals certified as program participants in the address confidentiality program under IC 5-26.5 to provide an address designated by the office of the attorney general as their principal address and mailing address instead of their actual address.

Therefore, while there are restrictions on collecting Social Security numbers from participants in Indiana, there are certain exceptions and requirements for identification cards.

Jurisdiction

Indiana

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