TN 3 (11-98)

GN 03301.099 Exhibits - Confidentiality and Disclosure

A. List Of Exhibits

Exhibit 1Table of U.S. Statutes Affecting SSA Disclosure Rules
Exhibit 2FOIA Exemptions (GN 03301.015B.5.)
Exhibit 3PA Exceptions (GN 03301.020B.4.)

B. Exhibit 1 - Table of U.S. Statutes Affecting SSA Disclosure Rules

   
5 USC 552Freedom of Information ActGN 03301.015
5 USC 552aPrivacy ActGN 03301.020
8 USC
Section 290(c)
Immigration and Nationality ActGN 03313.095, GN 03316.040
18 USC 3056National securityGN 03313.095, GN 03316.040
26 USC
Section 6103
IRC, disclosuresGN 03320.000
26 USC
Section 7213(a)
IRC, unauthorized disclosuresGN 03301.045
26 USC
Section 7413
IRC, unauthorized disclosuresGN 03301.045
26 USC
Section 7602
IRC, Law EnforcementGN 03312.045
30 USC
Section 901
Federal Coal Mine, Health and Safety ActGN 03301.040
38 USC
Section 412
VA, benefits to survivorsGN 03313.045
38 USC
Section 3006
VA, benefitsGN 03313.045
42 USC
290 dd-3, ee-3
Alcohol and drug abuseGN 03305.020
42 USC, 405(c)(2)(C)Disclosure of earnings informationGN 03320.020
42 USC
405(c)(2)(C)(iii)
Use of SSN by Government agenciesGN 03325.005
42 USC
405(c)(2)(C)(viii)
Disclosure of SSN or related recordsGN 03325.005
42 USC
405(r)
State death recordsGN 03315.000
42 USC
408(g)(h)
Misuse of SSNGN 03325.002A.2.
42 USC
653
Parent Locator ServiceGN 03313.025A.3.
42 USC
663
Parental KidnappingGN 03314.040A.1.d.
42 USC
659 and 661
GarnishmentGN 02410.200
42 USC
1306
SSA disclosure statuteGN 03301.010
42 USC
1307
Penalty for misrepresenting SSA employeeGN 03301.045
42 USC
1320b-7
State verification of information requirementsGN 03325.002A.4.
42 USC
1831(2)
Verifying SSI eligibilityGN 03325.005
42 USC
3505
Delegation of authorityGN 03360.020

C. Exhibit 2 - FOIA Exemptions

(See GN 03301.015)

The FOIA does not apply to matters that are:

  1. (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy, and

    (B) are in fact properly classified pursuant to such Executive order;

  2. related solely to the internal personnel rules and practices of an agency;

  3. specifically exempted from disclosure by statute (other than section 552 of this title [5]) provided that such statute
    (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or
    (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;

  4. trade secrets and commercial or financial information obtained from a person and privileged or confidential;

  5. interagency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;

  6. personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

  7. investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would
    (A) interfere with enforcement proceedings,
    (B) deprive a person of a right to a fair trial or an impartial adjudication,
    (C) constitute an unwarranted invasion of personal privacy,
    (D) disclose the identity of a confidential source, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source,
    (E) disclose investigative techniques and procedures, or
    (F) endanger the life or physical safety of law enforcement personnel;

  8. contained in or related to examination, operation, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

  9. geological and geophysical information and data, including maps, concerning wells.

D. Exhibit 3 - Privacy Act Exceptions

(See GN 03301.020)

No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be:

  1. to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties;

  2. required under section 552 of this title;

  3. for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section;

  4. to the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13;

  5. to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;

  6. to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or his designee to determine whether the record has such value;

  7. to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;

  8. to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;

  9. 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;

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

  11. pursuant to the order of a court of competent jurisdiction; or

  12. to a consumer reporting agency in accordance with section 3711(f) of Title 31.1.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203301099
GN 03301.099 - Exhibits - Confidentiality and Disclosure - 07/29/2008
Batch run: 01/27/2009
Rev:07/29/2008