PRIVACY OF SOCIAL SECURITY NUMBERS LAW
Act of Jun. 29, 2006, P.L. 281, No. 60 Cl. 29
AN ACT
Relating to confidentiality of Social Security numbers; and
making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Privacy of Social Security numbers.
(a) General rule.--A person or entity or State agency or
political subdivision shall 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, entity or State agency or
political subdivision.
(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 website unless a
password or unique personal identification number or other
authentication device is also required to access the website.
(5) Print an individual's Social Security number on any
materials that are mailed to the individual unless Federal or
State law requires the Social Security number to be on the
document to be mailed. Notwithstanding this provision, 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) Disclose in any manner, except to the agency issuing
the license, the Social Security number of an individual who
applies for a recreational license. For the purposes of this
paragraph, a "recreational license" means a license issued
pursuant to 30 Pa.C.S. (relating to fish) or 34 Pa.C.S.
(relating to game).
(b) Applicability.--Except as provided in subsection (c),
subsection (a) applies only to the use of Social Security
numbers on or after the effective date of this section.
(c) Exception.--
(1) A person or entity, not including a State agency or
political subdivision, that has used, prior to the effective
date of this section, an individual's Social Security number
in a manner inconsistent with subsection (a) may continue
using that individual's Social Security number in that manner
on or after the effective date of this section if all of the
following conditions are met:
(i) The use of the Social Security number is
continuous. If the use is stopped for any reason,
subsection (a) shall apply.
(ii) The individual is provided an annual
disclosure, commencing in the year after the
effective date of this section, that informs the
individual that he or she has the right to stop the
use of his or her Social Security number in a manner
prohibited by subsection (a).
(2) An individual who receives an annual disclosure
under paragraph (1) has the right to stop the use of his or
her Social Security number in a manner prohibited by
subsection (a) and must exercise that right by submitting a
written request to the person or entity. The person or entity
shall discontinue use of the individual's Social Security
number within 30 days of the receipt of the request. There
shall be no fee or charge for complying with the request. A
person or entity shall not deny services to an individual
because the individual makes a written request pursuant to
this subsection.
(d) Construction.--This section shall not be construed to
prevent the collection, use or release of a Social Security
number as required by Federal or State law or the use of a
Social Security number for internal verification, administrative
purposes or for law enforcement investigations.
(e) Unified judicial system documents.--This section does
not apply to a document that originated with or is filed with,
recorded in or is maintained by any court component or part of
the unified judicial system.
(f) Government documents.--This section does not apply to
any document that:
(1) is required by law to be open to the public; and
(2) originates with or is filed, recorded or maintained
by any government agency, instrumentality or taxing
authority.
(g) Penalty.--Actions in violation of this act shall be
deemed a summary offense and shall be punishable by a fine of
not less than $50 and not more than $500 and, for every second
or subsequent violation, by a fine of not less than $500 and not
more than $5,000. Fines under this section shall be distributed
equally between the Crime Victim's Compensation Fund
administered by the Pennsylvania Commission on Crime and
Delinquency and the Office of Attorney General for future
identity theft prevention.
Section 2. Criminal enforcement.
(a) District attorneys.--The district attorneys of the
several counties shall have authority to investigate and to
institute criminal proceedings for any violation of this act.
(b) Attorney General.--In addition to the authority
conferred upon the Attorney General under the act of October 15,
1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act,
the Attorney General shall have the authority to investigate and
institute criminal proceedings for any violation of this act. A
person charged with a violation of this act by the Attorney
General shall not have standing to challenge the authority of
the Attorney General to investigate or prosecute the case, and,
if any such challenge is made, the challenge shall be dismissed
and no relief shall be available in the courts of this
Commonwealth to the person making the challenge.
Section 3. Repeal.
The provisions of 34 Pa.C.S. § 325(d) (relating to limitation
on disclosure of certain records) are repealed insofar as they
are inconsistent with section 1(g).
Section 4. Applicability.
The provisions of this act shall not apply to:
(1) A financial institution, as defined by section
509(3) of the Gramm-Leach-Bliley Act (Public Law 106-102, 15
U.S.C. § 6809(3)) or regulations adopted by agencies as
designated by section 504(a) of the Gramm-Leach-Bliley Act,
subject to Title V of the Gramm-Leach-Bliley Act or a
"licensee" as defined by 31 Pa. Code § 146a.2 (relating to
definitions).
(2) A covered entity, as defined by regulations
promulgated at 45 CFR Pts. 160 (relating to general
administrative requirements) and 164 (relating to security
and privacy) pursuant to Subtitle F of the Health Insurance
Portability and Accountability Act of 1996 (Public Law 104-
191, 110 Stat. 1936).
(3) An entity subject to the Fair Credit Reporting Act
(Public Law 91-508, 15 U.S.C. § 1681 et seq.).
Section 5. Effective date.
This act shall take effect in 180 days.
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