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Can I collect social security numbers from participants in Tennessee? What are the requirements?
Yes, you can collect social security numbers from participants in Tennessee in certain situations. The requirements for collecting social security numbers in Tennessee are as follows:
Collection of Social Security Numbers in Tennessee
According to TNCO 36-5-1301, all applications for professional licenses, driver licenses, occupational licenses, hunting and fishing licenses or recreational licenses, or marriage licenses issued by any agency or any political subdivision of the state on and after July 1, 1997, shall contain the social security number of each applicant. Additionally, TNCO 36-5-1302 requires the social security number of any individual who is subject to a divorce decree, order of support issued by any court, any order of paternity or legitimation, or any voluntary acknowledgment of paternity to be placed in the records relating to such matter.
TNRR Section 0800-10-03-.11 requires each employer to ascertain the social security account number of each worker employed by the employer. If a worker does not have a social security account number, the employer shall request the worker to show a receipt issued by an office of the Social Security Administration indicating that the worker has filed an application for a social security account number. If a worker fails to report their correct account number or fails to show a receipt indicating that they have filed an application for a social security account number, the employer shall inform the worker of their obligation to file an application for a social security account number.
Privacy Laws and Regulations
It is important to note that the collection of social security numbers is subject to federal and state privacy laws and regulations. The Social Security Administration has issued guidelines for the collection, use, and protection of social security numbers. Additionally, Tennessee has enacted the Tennessee Identity Theft Deterrence Act, which requires businesses and government entities to take certain measures to protect personal information, including social security numbers.
According to TNCO 47-18-2110, any person, nonprofit or for-profit business entity in Tennessee, including, but not limited to, any sole proprietorship, partnership, limited liability company, or corporation, engaged in any business, including, but not limited to, health care, that has obtained a federal social security number for a legitimate business or governmental purpose shall make reasonable efforts to protect that social security number from disclosure to the public. Social security numbers shall not be posted or displayed in public, required to be transmitted over the Internet unless the Internet connection used is secure or the social security number is encrypted, required to log onto or access an Internet web site unless used in combination with a password or other authentication device, printed on any materials mailed to a consumer unless the disclosure is required by law, or the document is a form or application, or printed on any check, card, identification, or badge that the consumer must display or present in order to receive a benefit, good, service or other thing of value to which the consumer is entitled based upon the consumer’s contract or other agreement with the entity issuing the check, card, identification, or badge.
In summary, Tennessee law requires the collection of social security numbers in certain situations, such as for licenses and employment purposes. However, the collection, use, and protection of social security numbers is subject to federal and state privacy laws and regulations. It is important to ensure compliance with these laws and regulations when collecting and using social security numbers.
Source(s):
- [2.1] Protecting social security numbers from disclosure.
- [4.1] Public charter school employees — Social security.
Jurisdiction
Tennessee