Restricted Uses of Social Security Number

California Law Regarding use of Social Security Number

Code Text

Civil Code – CIV

DIVISION 3. OBLIGATIONS [1427 – 3272.9]

  ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. )

PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 – 3273]

  ( Part 4 enacted 1872. )

TITLE 1.81.1. CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS [1798.85 – 1798.89]

  ( Title 1.81.1 added by Stats. 2001, Ch. 720, Sec. 7. )

1798.85.  

(a) Except as provided in this section, a person or entity may not do any of the following:

(1) Publicly
post or publicly display in any manner an individual’s social security
number. “Publicly post” or “publicly display” means to intentionally
communicate or otherwise make available to the general public.

(2) Print
an individual’s social security number on any card required for the
individual to access products or services provided by the person or
entity.

(3) Require an individual to transmit his or her social security number over the Internet, unless the
connection is secure or the social security number is encrypted.

(4) Require
an individual to use his or her social security number 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.

(5) Print an
individual’s social security number on any materials that are mailed to
the individual, unless state or federal law requires the social security
number to be on the document to be mailed. Notwithstanding this
paragraph, social security numbers may be included in applications and
forms sent by mail, including documents sent as part of an application
or enrollment process, or to establish, amend or terminate an account,
contract or policy, or to confirm the accuracy of
the social security number. A social security number that is
permitted to be mailed under this section may not be printed, in whole
or in part, on a postcard or other
mailer not requiring an envelope, or visible on the envelope or
without the envelope having been opened.

(6) Sell,
advertise for sale, or offer to sell an individual’s social security
number. For purposes of this paragraph, the following apply:

(A) “Sell” shall not include the release of an individual’s social
security number if the release of the social security number is
incidental to a larger transaction and is necessary to identify the
individual in order to accomplish a legitimate business purpose. Release
of an individual’s social security number for marketing purposes is not
permitted.

(B) “Sell” shall not
include the release of an individual’s social security number for a
purpose specifically authorized or specifically allowed by federal or
state law.

(b) This section does not
prevent the collection, use, or release of a social security number as
required by state or federal law or the use of a social security number
for internal verification or administrative purposes.

(c) This
section does not prevent an adult state correctional facility, an adult
city jail, or an adult county jail from releasing an inmate’s social
security number, with the inmate’s consent and upon request by the
county veterans service officer or the United States Department
of Veterans Affairs, for the purposes of determining the inmate’s
status as a military veteran and his or her eligibility for federal,
state, or local veterans’ benefits or services.

(d) This
section does not apply to documents that are recorded or required to be
open to the public pursuant to Chapter 3.5 (commencing with Section
6250), Chapter 14 (commencing with Section 7150) or Chapter 14.5
(commencing with Section 7220) of Division 7 of Title 1 of, Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of
Title 2 of, or Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5 of, the Government Code. This section does not
apply to records that are required by statute, case law, or California
Rule of Court, to be made available to the public by entities provided
for in Article VI of the
California Constitution.

(e) (1) In
the case of a health care service plan, a provider of health care, an
insurer or a pharmacy benefits manager, a contractor as defined in
Section 56.05, or the provision by any person or entity of
administrative or other services relative to health care or insurance
products or services, including third-party administration or
administrative services only, this section shall become operative in the
following manner:

(A) On or before
January 1, 2003, the entities listed in paragraph (1) shall comply with
paragraphs (1), (3), (4), and (5) of subdivision (a) as these
requirements pertain to individual policyholders or individual
contractholders.

(B) On or before
January 1, 2004, the entities listed in paragraph (1) shall comply
with paragraphs (1) to (5), inclusive, of subdivision (a) as these
requirements pertain to new individual policyholders or new individual
contractholders and new groups, including new groups administered or
issued on or after January 1, 2004.

(C) On
or before July 1, 2004, the entities listed in paragraph (1) shall
comply with paragraphs (1) to (5), inclusive, of subdivision (a) for all
individual policyholders and individual contractholders, for all
groups, and for all enrollees of the Healthy Families and Medi-Cal
programs, except that for individual policyholders, individual
contractholders and groups in existence prior to January 1, 2004, the
entities listed in paragraph (1) shall comply upon the renewal date of
the policy, contract, or group on or after July 1, 2004,
but no later than July 1, 2005.

(2) A
health care service plan, a provider of health care, an insurer or a
pharmacy benefits manager, a contractor, or another person or entity as
described in paragraph (1) shall make reasonable efforts to cooperate,
through systems testing and other means, to ensure that the requirements
of this article are implemented on or before the dates specified in
this section.

(3) Notwithstanding
paragraph (2), the Director of the Department of Managed Health Care,
pursuant to the authority granted under Section 1346 of the Health and
Safety Code, or the Insurance Commissioner, pursuant to the authority
granted under Section 12921 of the Insurance Code, and upon a
determination of good cause, may grant extensions not to exceed six
months for compliance
by health care service plans and insurers with the requirements of
this section when requested by the health care service plan or insurer.
Any extension granted shall apply to the health care service plan or
insurer’s affected providers, pharmacy benefits manager, and
contractors.

(f) If a federal law
takes effect requiring the United States Department of Health and Human
Services to establish a national unique patient health identifier
program, a provider of health care, a health care service plan, a
licensed health care professional, or a contractor, as those terms are
defined in Section 56.05, that complies with the federal law shall be
deemed in compliance with this section.

(g) A
person or entity may not encode or embed a social security number in or
on a card or
document, including, but not limited to, using a barcode, chip,
magnetic strip, or other technology, in place of removing the social
security number, as required by this section.

(h) This section shall become operative, with respect to the University of California, in the following manner:

(1) On
or before January 1, 2004, the University of California shall comply
with paragraphs (1), (2), and (3) of subdivision (a).

(2) On or before January 1, 2005, the University of California shall comply with paragraphs (4) and (5) of subdivision (a).

(i) This section shall become operative with respect to the Franchise Tax Board on January 1, 2007.

(j) This section shall become operative with respect to the California community college districts on January 1, 2007.

(k) This section shall become operative with respect to the California State University system on July 1, 2005.

(l) This
section shall become operative, with respect to the California Student
Aid Commission and its auxiliary organization, in the following manner:

(1) On
or before January 1, 2004, the commission and its auxiliary
organization shall comply with paragraphs (1), (2), and (3) of
subdivision (a).

(2) On or before January 1, 2005, the commission and its auxiliary organization shall comply with paragraphs (4) and (5) of
subdivision (a).(Amended by Stats. 2014, Ch. 855, Sec. 3. (AB 1710) Effective January 1, 2015.)

About arnierosner

As an American I advocate a republic form of government, self-reliance, and adherence to the basic philosophy of the founding fathers and the founding documents, I ONLY respect those who respect and "HONOR" their honor. No exceptions!
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