Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

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

Based on the context documents, collecting social security numbers from participants in Virginia is subject to certain requirements and restrictions.

Requirements for collecting social security numbers in Virginia

According to [6.1]" >VACV 32.1-267, individuals applying for a marriage license in Virginia are required to include their social security numbers or other control numbers issued by the Department of Motor Vehicles. The social security number is included on the application for the marriage license and the copy of the license forwarded to the State Registrar. However, applications for marriage licenses filed on and after July 1, 1997, and marriage registers recording such applications, which have not been configured to prevent disclosure of the social security number or control number required pursuant to the provisions of subsection B shall not be available for general public inspection in the offices of clerks of the circuit courts. The clerk shall make such applications and registers available for inspection only (i) upon the order of the circuit court within which such application was made or register is maintained, (ii) pursuant to a lawful subpoena duces tecum issued to the clerk, (iii) upon the written authorization of either of the applicants, or (iv) upon the request of a law-enforcement officer or duly authorized representative of the Division of Child Support Enforcement in the course of performing his official duties.

Restrictions on collecting social security numbers in Virginia

Prohibition on disclosure of social security numbers or parts thereof

According to [1.1]" >VACV 24.2-407.1, it is unlawful for any person who has obtained a list of persons registered or voting which contained social security numbers, or any parts thereof, to disclose any voter’s social security number, or any part thereof, to any other person. Any person maintaining a system containing social security numbers, or any parts thereof, obtained from the Board or the Department of Elections shall delete or destroy the portion of his records containing those numbers, except for a list furnished to a court of the Commonwealth or of the United States for jury selection purposes, a commissioner of the revenue, as defined in § 58.1-3100, or a treasurer, as defined in § 58.1-3123, for tax assessment, collection, and enforcement purposes, or the Chief Election Officer of another state, permitted to use social security numbers, or any parts thereof, that provides for the use of such numbers on applications for voter registration in accordance with federal law, for the purpose of matching voter registration lists.

Access to social security numbers prohibited; exceptions

According to [3.1]" >VACV 2.2-3815, the first five digits of a social security number contained in a public record shall be confidential and exempt from disclosure under the Freedom of Information Act (§ 2.2-3700 et seq.). The provisions of this section shall not be construed to prevent the release of a social security number in accordance with a proper judicial order, to any federal, state or local law-enforcement or correctional personnel seeking information in the course of his official duties, by one agency to another agency in Virginia or to an agency in another state, district, or territory of the United States where such information is requested by such agencies in connection with (i) the application of the data subject therein for a service, privilege, or right under the laws thereof, (ii) the transmittal of information to family advocacy representatives of the United States Armed Forces in accordance with subsection N of § 63.2-1503, or (iii) the performance of such agency’s official duties, to any data subject exercising his rights under § 2.2-3806, or if the data subject is less than 18 years of age, to his legal guardian or parent, including a noncustodial parent, unless such parent’s parental rights have been terminated or a court of competent jurisdiction has restricted or denied such access, to any other agency in Virginia or to a federal agency in order to comply with any applicable law or regulation, or to a person or entity when necessary to administer any program of the agency, to perform a service or function of the agency, or to conduct or complete the transaction for which the social security number was submitted to the agency.

Restricted use of social security numbers

According to [2.1]" >VACV 59.1-443.2, a person shall not intentionally communicate another individual’s social security number to the general public, print an individual’s social security number on any card required for the individual to access or receive products or services provided by the person, require an individual to use his social security number to access an Internet website, unless a password, unique personal identification number or other authentication device is also required to access the site, or send or cause to be sent or delivered any letter, envelope, or package that displays a social security number on the face of the mailing envelope or package, or from which a social security number is visible, whether on the outside or inside of the mailing envelope or package.

Conclusion

Based on the context documents, collecting social security numbers from participants in Virginia is subject to certain requirements and restrictions. Individuals applying for a marriage license in Virginia are required to include their social security numbers or other control numbers issued by the Department of Motor Vehicles. However, it is unlawful to disclose any voter’s social security number, or any part thereof, to any other person, except for certain purposes. The first five digits of a social security number contained in a public record shall be confidential and exempt from disclosure under the Freedom of Information Act, except for certain exceptions. Additionally, there are restrictions on the use of social security numbers in Virginia, including prohibitions on intentional communication of another individual’s social security number to the general public, printing an individual’s social security number on any card required for the individual to access or receive products or services provided by the person, requiring an individual to use his social security number to access an Internet website, and sending or causing to be sent or delivered any letter, envelope, or package that displays a social security number on the face of the mailing envelope or package, or from which a social security number is visible, whether on the outside or inside of the mailing envelope or package.

Source(s):
Jurisdiction

Virginia