CHAPTER 10. RELEASE OF SOCIAL SECURITY NUMBER
IC 4-1-10
Chapter 10. Release of Social Security Number
IC 4-1-10-1
Applicability
Sec. 1. This chapter applies after June 30, 2006.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-1.5
"Person"
Sec. 1.5. As used in this chapter, "person" means an individual, acorporation, a limited liability company, a partnership, or other legalentity.
As added by P.L.160-2007, SEC.1.
IC 4-1-10-2
"State agency"
Sec. 2. As used in this chapter, "state agency" means an authority,a board, a branch, a commission, a committee, a department, adivision, or another instrumentality of the executive, including theadministrative, department of state government. Except as providedin subdivision (4), the term does not include the judicial orlegislative department of state government. The term includes thefollowing:
(1) A state elected official's office.
(2) A state educational institution.
(3) A body corporate and politic of the state created by statestatute.
(4) The Indiana lobby registration commission established byIC 2-7-1.6-1.
As added by P.L.91-2005, SEC.1. Amended by P.L.2-2007, SEC.18.
IC 4-1-10-3
Nondisclosure of Social Security number
Sec. 3. (a) For purposes of this section, disclosure of the last four(4) digits of an individual's Social Security number is not adisclosure of the individual's Social Security number.
(b) Except as provided in section 4 or 5 of this chapter, a stateagency may not disclose an individual's Social Security number.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-4
Exceptions to nondisclosures of Social Security number
Sec. 4. Unless prohibited by state law, federal law, or court order,the following apply:
(1) A state agency may disclose the Social Security number ofan individual to a state, local, or federal agency.
(2) A state law enforcement agency may, for purposes offurthering an investigation, disclose the Social Security numberof an individual to any individual, state, local, or federal
agency, or other legal entity.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-5
Permitted disclosures of Social Security number
Sec. 5. (a) A state agency may disclose the Social Securitynumber of an individual if any of the following apply:
(1) The disclosure of the Social Security number is expresslyrequired by state law, federal law, or a court order.
(2) The individual expressly consents in writing to thedisclosure of the individual's Social Security number.
(3) The disclosure of the Social Security number is:
(A) made to comply with:
(i) the USA Patriot Act of 2001 (P.L. 107-56); or
(ii) Presidential Executive Order 13224; or
(B) to a commercial entity for the permissible uses set forthin the:
(i) Drivers Privacy Protection Act (18 U.S.C. 2721 etseq.);
(ii) Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or
(iii) Financial Modernization Act of 1999 (15 U.S.C. 6801et seq.).
(4) The disclosure of the Social Security number is for thepurpose of administration of a state agency employee's or thestate agency employee's dependent's health benefits.
(5) The disclosure of the Social Security number is for thepurpose of administration of:
(A) a pension fund administered by the board of trustees ofthe public employees' retirement fund;
(B) the Indiana state teachers' retirement fund;
(C) a deferred compensation plan or defined contributionplan established under IC 5-10-1.1;
(D) a pension plan established by the state police departmentunder IC 10-12; or
(E) the Uniform Commercial Code (IC 26-1) by the office ofthe secretary of state.
(b) A state agency's disclosure of the Social Security number ofan individual in compliance with subsection (a) does not violateIC 5-14-3-4(a)(12).
As added by P.L.91-2005, SEC.1. Amended by P.L.29-2006, SEC.1;P.L.106-2008, SEC.1.
IC 4-1-10-5.5
Disclosure of Social Security number by state educationalinstitution
Sec. 5.5. Unless prohibited by state law, federal law, or a courtorder, the following apply:
(1) A state educational institution may disclose, in addition tothe disclosures otherwise permitted by this chapter, a SocialSecurity number of an individual to the following: (A) A state, local, or federal agency or a person with whoma state, local, or federal agency has a contract to perform theagency's duties and responsibilities.
(B) A person that the state educational institution contractswith to provide goods or services to the state educationalinstitution if:
(i) the disclosure is necessary for the contractor to performthe contractor's duties and responsibilities under thecontract; and
(ii) the contract requires adequate safeguards, includingany safeguards required by state or federal law, to preventany use or disclosure of the Social Security numbers forany purpose other than those purposes described in thecontract and to require the return or confirmed destructionof any Social Security numbers following termination ofthe contractual relationship.
(C) Persons to whom the state educational institution mayotherwise legally disclose for the permissible purposes of thefollowing:
(i) The Family Education Rights and Privacy Act (20U.S.C. 1232g et seq.).
(ii) The Health Insurance Portability and AccountabilityAct (42 U.S.C. 201 et seq.).
(D) The state educational institution's legal counsel, but onlyto the extent that a state educational institution coulddisclose a Social Security number to an in-house counsel.
(2) Consent for the authorized disclosure of any individual'sSocial Security number may be given to a state educationalinstitution by electronic transmission if the state educationalinstitution is reasonably able to verify the authenticity of theconsent. A state educational institution may rely on the writtenconsent of an individual given to a third party if the consentexpressly permits the disclosure of the individual's SocialSecurity number by the state educational institution.
As added by P.L.160-2007, SEC.2.
IC 4-1-10-6
State agency compliance
Sec. 6. A state agency complies with section 3 of this chapter ifthe agency:
(1) removes; or
(2) completely and permanently obscures;
a Social Security number on a public record before disclosing thepublic record.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-7
Impermissible disclosure of Social Security number; requirednotice
Sec. 7. If a state agency releases a Social Security number in
violation of this chapter, the agency shall provide notice to theperson whose Social Security number was disclosed in the mannerset forth in IC 4-1-11.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-8
Criminal disclosures of Social Security number; Class D felony
Sec. 8. An employee of a state agency who knowingly,intentionally, or recklessly discloses a Social Security number inviolation of this chapter commits a Class D felony.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-9
False representation to obtain Social Security number; Class Dfelony
Sec. 9. A person who knowingly, intentionally, or recklesslymakes a false representation to a state agency to obtain a SocialSecurity number from the state agency commits a Class D felony.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-10
Negligent disclosure of Social Security number; Class A infraction
Sec. 10. An employee of a state agency who negligently disclosesa Social Security number in violation of this chapter commits a ClassA infraction.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-11
Attorney general investigation of disclosures; notice to countyprosecutor and state police
Sec. 11. (a) The attorney general may investigate any allegationthat a Social Security number was disclosed in violation of thischapter.
(b) If the attorney general determines that there is evidence thata state employee committed a criminal act under section 8 or 9 of thischapter, the attorney general shall report the attorney general'sfindings to:
(1) the prosecuting attorney in the county where the criminal actoccurred; and
(2) the state police department.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-12
Attorney general determination of infraction; report to appointingauthority and county prosecutor
Sec. 12. If the attorney general determines that there is evidencethat a state employee committed an infraction under section 10 ofthis chapter, the attorney general:
(1) shall report the attorney general's findings to the appointingauthority (as defined in IC 4-2-6-1) of the agency that employs
the employee; and
(2) may report the attorney general's findings to the localprosecuting attorney in the county where the infractionoccurred.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-13
Attorney general rulemaking authority
Sec. 13. The attorney general may adopt rules under IC 4-22-2that the attorney general considers necessary to carry out thischapter.
As added by P.L.91-2005, SEC.1.