We use queries for internal, administrative purposes. They should not routinely be disclosed to third parties based on an individual’s consent. We also employ a policy of minimization when disclosing information to third parties, disclosing only the minimal information necessary to accomplish the purpose stated in the request. For these reasons, it will be extremely rare that a query may be disclosed in response to a consent request. We should only disclose a query if the individual who is the subject of the record makes this particular request and provides their express consent.

We describe the overall requirements for consent in GN 03305.003. Herein, we address additional requirements for ensuring express consent.

The consenting individual may not be aware of all the personal information that a particular query may display. To ensure express consent, we must:

1. 1. 

   clearly understand the information described in the request for records, and

2. 2. 

   ensure that the consenting individual fully understands the information contained in the records that they are authorizing us to release to the third party.

Therefore, disclose a query to honor a consent request only if:

• •

  the information specified in the consent matches exactly the information on the query; or

• •

  the component handling the request documents that it has explained all of the information on the query to the individual and the individual gives their permission to SSA to disclose the query.

An individual’s signature on a valid consent document is our legal authority for disclosing a query or any other record information to a third party. See the instructions concerning requirements for express consent to disclose a query in subsection B. If you cannot obtain express consent as described in subsection B, or if the consent does not meet all of the requirements listed in GN 03305.003, do not process the request. Return the consent document to the requester with an explanation of why we cannot honor it.

An individual’s consent to disclose a query does not authorize the disclosure of information about other persons on that particular query. We must redact information about other persons on the record, prior to the disclosure. If we disclose a query to satisfy a request, we must retain the consent document for a period of two years. For information about retaining consent documents, see GN 03305.010.

NOTE: To disclose a query that contains Federal tax information, the consent document must meet the requirements listed in GN 03305.003E.

An appointed representative is an individual who meets the qualifications listed in GN 03910.020B and who the claimant appoints to act on their behalf in pursuing their claim or asserted rights before the agency. The appointed representative does not have to submit a separate SSA-3288 (or its equivalent) to receive information other than queries, if the notice of appointment, Form SSA-1696-U4 (Appointment of Representative) (or its equivalent writing) authorizes the appointed representative to receive information on behalf of a claimant and the appointment authority has not expired. This also applies to the appointed representative’s designated associates if the appropriate box is checked on the SSA-1696-U4. We will disclose queries only to appointed representatives and designated associates for whom we have a valid SSA-3288 or other valid consent form that meets the requirements in GN 03305.003. For information about when the appointed representative’s authority expires, see GN 03910.060.

NOTE: Disclosure of queries to appointed representatives should be a rare occurrence. When disclosing queries to appointed representatives, we should follow the same procedures described in subsection B and C in this section, for disclosing queries to third parties with express consent. If we can provide the specific information the appointed representative requests in another manner, there is no obligation to provide a query.