Ask Reggi Your Question Now
Can I collect social security numbers from participants in South Carolina? What are the requirements?
Yes, you can collect social security numbers from participants in South Carolina, but there are certain requirements that must be met. According to SCCL 30-2-310, a public body in South Carolina may not collect a social security number or any portion of it containing six digits or more from an individual unless authorized by law to do so or unless the collection of the social security number is otherwise imperative for the performance of that body’s duties and responsibilities as prescribed by law. Social security numbers collected by a public body must be relevant to the purpose for which collected and must not be collected until and unless the need for social security numbers has been clearly documented.
When collecting a social security number or portion of it containing six digits or more from an individual, the public body must:
- Segregate that number on a separate page from the rest of the record, or as otherwise appropriate, so that the social security number may be easily redacted pursuant to a public records request.
- Provide, at the time of or before the actual collection of the social security number by that public body, upon request of the individual, a statement of the purpose or purposes for which the social security number is being collected and used.
- Use the social security number or a portion of it containing six digits or more for the purpose stated.
- Not intentionally communicate or otherwise make available to the general public an individual’s social security number or a portion of it containing six digits or more or other personal identifying information.
- Not intentionally print or imbed an individual’s social security number or a portion of it containing six digits or more on any card required for the individual to access government services.
- Not require an individual to transmit the individual’s social security number or a portion of it containing six digits or more over the Internet, unless the connection is secure or the social security number is encrypted.
- Not require an individual to use the individual’s social security number or a portion of it containing six digits or more to access an Internet web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet web site.
- Not print an individual’s social security number or a portion of it containing six digits or more on materials that are mailed to the individual, unless state or federal law requires the social security number be on the mailed document.
There are certain exemptions to the requirements listed above. For example, an entity that collects and uses social security numbers or other personal identifying information as part of the maintenance and reporting of employment records or the administration or provision of employee benefits programs is exempt from the prohibitions in SCCL 30-2-310. Additionally, services performed in a coverage group participating in the South Carolina Retirement System on March 12, 1954 are specifically excepted from the provisions of SCCL 9-3-30.
Disclosure of social security numbers and identifying information is allowed in certain circumstances, such as for public health purposes, pursuant to a court order, warrant, or subpoena, or to an employer for employment verification or in the course of administration or provision of employee benefit programs, claims, and procedures related to employment including, but not limited to, termination from employment, retirement from employment, injuries suffered during the course of employment, and other such claims, benefits, and procedures [1.2].
In summary, you can collect social security numbers from participants in South Carolina, but you must follow certain guidelines when collecting and using social security numbers. There are also exemptions to these requirements for certain entities and services.
Source(s):
Jurisdiction
South Carolina