The PA does not nullify section 1106(a) of the Social Security Act because it does not extend to all personal information in SSA records.

The PA applies only to personal information contained in a “system of records, i.e., information retrieved by the use of a personal identifier.” Examples of such records are the Master Beneficiary Record or the Supplemental Security Income Record, in which information is retrieved by the beneficiary's SSN.

The PA does not apply to:

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  records not contained in a systems of records and retrieved by a personal identifier (such as records maintained by subject matter, date, or administrative codes),

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  deceased individuals, or

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  business entities.

Individuals have the right to:

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  know what records are collected about them by the agency,

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  access their own records (see GN 03340.000), and

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  request that their own records be amended (see GN 03345.000).

The following are SSA's responsibilities.

There are twelve exceptions for which the PA allows an agency to disclose personal information without the individual's consent. The following is a list of the nine exceptions which commonly apply to SSA. A complete list of all exceptions is in GN 03301.099D., Exhibit 3.

Disclosure is permitted:

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  Within SSA on a need-to-know basis, i.e. when SSA employees need the information in order to perform their duties.

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  When required under the FOIA, as explained in GN 03301.015.

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  For a routine use. Routine uses are those which are published in the Social Security Administration Privacy Act Notices of Systems of Records. The most important routine uses are also listed in GN 03316.000.

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  For research and statistical purposes (see GN 03316.130).

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  For law enforcement purposes. Information may be disclosed to another agency or instrumentality of any governmental jurisdiction within or under control of the U.S. for a civil or criminal law enforcement activity. The activity must be authorized by law and an official of the agency or instrumentality must make a written request.

  SSA's Regulation No. 1 is more restrictive on disclosures for law enforcement than is the PA (see GN 03312.000).

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  For health and safety reasons (see GN 03316.135).

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  Pursuant to the order of a court of competent jurisdiction (see GN 03330.000).

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  To either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee.

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  To the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office.

The purpose of the Computer Matching and Privacy Protection Act is to ensure that computer matching by Federal agencies meets the requirements for use of Federal records under the Privacy Act of 1974.

Computer matching is the computerized comparison of records for the purpose of:

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  establishing or verifying eligibility for a Federal benefit program, or

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  recouping payments or delinquent debts under such a program.

The Act requires SSA to explain to title II and title XVI beneficiaries and applicants that information about their initial or continued entitlement may be:

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  verified by using computer matching, or

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  shared with other Federal and State agencies to determine initial or continuing eligibility in their programs.

This explanation appears on most forms used to collect information from the public. It also appears on Form SSA-3157 (Facts About Computer Matching). (See the exhibit in

GN 03360.999.)