Questions: SS Number Collection for Child Support Enforcement

Top 5 Questions Regarding Social Security Number Collection for Child Support Enforcement

Why is it necessary to collect social security numbers for child support enforcement purposes?
Collecting social security numbers on license applications and legal certificates provides the state with a means of linking a unique number to a unique individual. Therefore, when state child support collection agency officials attempt to locate someone, they are able to eliminate people with similar names. This includes identifying custodial parents who are eligible to obtain or receive a child support award and parents eligible for state paternity establishment services. Some people have argued that the state should only collect the names of child support obligors, not the general population, but this argument ignores the primary reason for collecting the numbers separate from awarding a support order: at one point or another, many people will either be obligated to pay or eligible to receive child support. Collecting the numbers on legal documents in addition to the child support award ensures that the correct individual can be identified through older records, even if he or she attempts to use a false social security number on the child support order, is not present when the award is ordered, or attempts to conceal himself or herself from authorities to avoid paying child support in the future.
Why can't we just be identified by our names, instead of our social security numbers?
Increasingly in our society individuals are legally identified by number rather than name. The reasons for this are fairly simple: with larger populations, almost every name is duplicated somewhere in the country; more and more people are using aliases or nicknames, even on legal documents; and our society is more transient than in the past. With people moving more frequently it becomes even more difficult to identify one Jim Smith from another. Finally, it is much more efficient to conduct computer matches and generate information based on a unique number rather than a name.
Don't we as citizens have a privacy right in our social security number?
Technically, no. The U.S. Constitution's privacy clause is not as broad as many citizens believe. We do not usually have a privacy right to our identity, particularly when that identifier, in this case our social security number, has been given to us by the government. Also, because the state is providing something to the citizen, e.g. a license or a certificate, it can place certain conditions on receiving that benefit. This premise was converted to law in the U.S. Supreme Court case Bowen v. Ray (476 U.S. 693 (1986)), which ruled that states can require that social security numbers be furnished as a precondition to receiving AFDC under Title IV-A. State access to and use of these numbers is also permissible under law. The federal Privacy Act (5 U.S.C. 552a(b)(1)) allows a record contained in a system of records to be disclosed without the permission of the individual to whom it pertains, if the disclosure is for "routine use."

This does not, of course, mean that we shouldn't be concerned about the potential for illegal use of our identity. "Stolen identities" are unfortunately more common than ever and the use of a universal identifier like a social security number certainly increases the opportunity for unscrupulous actors to utilize our information for their benefit. Collection of social security numbers does not, however, necessarily mean that thieves will have better access to our information. Most "identity thefts" are not the result of stolen government information, but of unsuspecting consumers providing information to unknown recipients over the telephone, on the Internet, or in their discarded trash. Government agencies, such as the U.S. Social Security Administration, the U.S. Internal Revenue Service and the U.S. Labor Department, as well as private organizations, such as health care corporations, licensing bureaus, and private employers, have all been capable of accessing certain kinds of private information about citizens for years. In many ways, this new federal mandate is not new at all.
What happens to this information once the state receives it?
After the state collects the information, the social security numbers may appear on the face of the license or certificate, at the state's choice, or be stored with the records of the license or certificate. Social security numbers contained in actual child support cases handled by the state child support agency are verified for accuracy through the U.S. Social Security Administration. The case information is also shared with the Federal Parent Locator Service (FPLS) and the Federal Case Registry, where it is accessible for interstate attempts to locate child support obligors. Employment information collected through the state New Hire Directory is also shared with the Federal New Hire Directory and the FPLS, again for interstate enforcement efforts, usually concerning income withholding. All of this information sharing is mandated by federal law.
How can my state agency properly safeguard this information?
State legislatures and agencies are working hard to insure that identification information collected for child support enforcement purposes is limited to those purposes and is not abused or mistakenly released. Federal law requires that states enact laws to provide safeguards for this information. The most common safeguards include: training only a limited number of individuals to access and use the information, providing security passwords for information access and frequently changing those passwords, compartmentalizing information and allowing access to information on an "as-needed" only basis, monitoring access of information, and locating sensitive information away from public areas and in physically secure areas. Federal law also requires that states pass laws prohibiting the unauthorized use or disclosure of information gathered for child support enforcement and providing penalties for unauthorized access and use. Citizens who have suffered harm due to intentional unauthorized disclosure also must be able to pursue civil damages against the state. Furthermore, states must have special safeguards in place to protect the identity of victims of domestic violence.
Can our state get an exemption from this federal requirement?

Under federal law, a state may seek an exemption from this requirement, but very few are granted and usually only under unique circumstances. As of April 1998, only Montana had formally applied for such an exemption, and that request was generally denied by the federal government, with a minor exemption granted concerning certain death certificates. A request for exemption must be accompanied by a detailed explanation of why such an exemption is needed and submitted to the regional federal Office of Child Support Enforcement. The region than reviews the request, makes a recommendation to grant or deny the request, and forwards both to the federal OCSE in Washington, DC, where the final decision is made. Final decisions are not subject to further administrative appeal.