Local and State Authorities Cannot Ask for Your Social Security Number –Truth & Fiction!
Summary of eRumor:
This email seems to be trying to convey the message that you don’t need a Social Security Number and anybody who asks for it or denies you anything because of not having a Social Security Number is committing a crime.
First, the Public Law referenced (93-579) is the Right to Privacy Act of 1974. That act says nothing about whether a person is or is not required to have a Social Security number. It does protect citizens from requests for Social Security Numbers from Federal, State, and local agencies. If any of those entities asks for your Social Security number, you can require that they tell you in writing whether such disclosure is mandatory, why they want it and what they are going to do with it. In some instances, such as arrest, you are still required to give it. The same act says you are not to be denied a “right, benefit, or privilege” for not giving your Social Security number. The law does not prohibit your employer from asking for your Social Security number. Subsequent acts in congress have allowed states to use Social Security numbers for things like state and local taxes and drivers licenses (Tax Reform Act of 1976), and in marriages, divorces, and professional licensing (Welfare Reform Act of 1996.) Tax protestors argue that there is no technical requirement to have a Social Security number. That may be disputed, but the requirement to pay taxes and other required uses of Social Security numbers make it a practical requirement. Federal law requires employers, for example, to request and report Social Security numbers.
This particular email (below) has been sent to truthorfiction.com by several people and is sloppily written, filled with legal mumbo-jumbo, and misleading.
Public Law-93-579 (Section 7)
Name and address of Citizen Name and address of Notice Recipient
I certify that the forgoing information stated here is true and correct.
Legal Notice of Warning:
Federal law provides that it is a crime to violate the Rights of a citizen under the color-of-law.
You can be arrested for this crime and can also be held personally liable for civil damages. Federal Law, Section 7 of Public Law 93-579 provides that: “It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individuals refusal to disclose his social security account number.” Federal courts have ruled the Privacy Act applies equally to the private sector.
Warning, you are in violation of Federal Law and persisting with your demand may lead to your arrest and/or civil damages! The law provides that you can be held personally responsible and liable, as well as your company or agency.
There is no law requiring an individual to obtain or use a social security number. Your requirement and/or demand that I provide a social security number to you is a violation of one or more of the following laws:
4 CFR 83.9; 5 USC Sec. 552a; 7 CFR 1.123; 7 USC Sec. 2204g;
14 CFR 1212.604; 17 CFR 249.501a; 19CFR 118.11; 19 CFR 122.25;
19 CFR 24.5; 24 CFR 5.212; 28 CFR 16.53; 28 CFR 513.31;
28 CFR 700.25; 29 CFR 70a.10; 29 CFR 71.12; 31 CFR 1.32; 31
CFR 501.806; 32 CFR 270.19; 32 CFR 310.20; 32 CFR 311.5;
32 CFR 316.6; 32 CFR 317.20; 32 CFR 323.5; 32 CFR 505.2;
32 CFR 701.108; 32 CFR 806b.9; 38 CFR 1.575; 38 CFR 3.216;
38 USC Sec. 5101; 39 CFR 266.4; 45 CFR Part 801; 47 CFR 0.554;
49 CFR 10.29.
You are advised to cease and desist with your demand and to seek personal legal counsel if you do not understand the law.
Notice of Service:
I, certify that I personally delivered this notice to above named recipient and address on at .
42 USC Sec. 408 provides that: “Whoever … (8) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States; shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both.”
18 USC §242 and 42 USC §1983 provides that: Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both;” 42 USC §1983 further provides that a violator “shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”