Identification Number:
GN 03312 TN 6
Intended Audience:See Transmittal Sheet
Originating Office:Office of the Commissioner
Title:Disclosure for Law Enforcement Purposes
Type:POMS Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part GN – General
Chapter 033 – Disclosure/Confidentiality of Information
Subchapter 12 – Disclosure for Law Enforcement Purposes
Transmittal No. 6, 07/21/2021

Audience

PSC: CA, CS, DE, DEC, DS, ICDS, IES, ISRA, PETE, RECONR, SCPS, TSA, TST;
OCO-OEIO: BTE, BTE TE, CR, CTE, CTE TE, EIE, FCR, FDE, RECONE, RECONR, RECOVR;
OCO-ODO: BA, BET, BTE, CR, CST, CTE, CTE TE, DE, DEC, DES, DS, IS, LCC, PAS, PETE, PETL, RCOVTA, RECONE, RECOVR, SPIKE, TST;
OEO: DOSPA, OSSPA, WBDOCPA;
ODD-DDS: DHU;
FO/TSC: CS, CS TII, CS TXVI, CSR, CTE, FR, OS, RR, TA, TSC-CSR;

Originating Component

OPD

Effective Date

Upon Receipt

Background

This is a Quick Action Transmittal. These revisions do not change or introduce new policy or procedure.

Summary of Changes

GN 03312.085 National Security Situations

We are clarifying language in subsection C to advise of the appropriate office for handling requests involving national security.

GN 03312.085 National Security Situations

A. Types of national security situations

National security situations include:

  • threats against high government officials (e.g., the President); and

  • possible espionage, terrorism, hijacking, hostage taking, or bombing.

B. Authority to disclose

Due to the seriousness of these crimes, we may disclose program or non-program information upon receipt of a valid law enforcement request. In these cases, we need not limit disclosures of program information to only the situations described in 20 C.F.R. § 401.155. Instead, we may disclose this information under the “ad hoc” authority granted to the Commissioner of Social Security (or designee) in our regulations (20 C.F.R. § 401.195) (for additional information, see GN 03312.001 and GN 03316.140), which allows disclosures that are not specifically authorized by our regulations if the disclosure is not prohibited by law, and the broader Privacy Act law enforcement exception. 5 U.S.C. § 552a(b)(7).

If we do not have a valid law enforcement request for the information, we may disclose information under the “health and safety” disclosure exception of the Privacy Act (5 U.S.C. § 552a(b)(8)). See GN 03316.135 for additional information.

If both the health and safety exception and law enforcement exception do not apply, we can disclose information based solely on our ad hoc authority if the Privacy Act (5 U.S.C. § 552a) and other Federal law would not prohibit disclosure.

C. Procedure for disclosure

Refer these requests through the component Privacy Act Coordinator for handling to the Office of Privacy and Disclosure (OPD). Submit requests to ^OGC OPD LE Requests with a cc: to Matthew Ramsey, Executive Director of OPD; Mary Ann Zimmerman, Deputy Executive Director; and Keisha Mahoney-Jones, Director of Disclosure and Data Support Division. If a requester submits an urgent and time sensitive requests after traditional office hours (i.e., weekends, holidays, or Monday through Friday after 6 p.m. EST), and the request involves exceptional law enforcement activities including matters of national security, health and safety, or terrorism, please contact Matthew Ramsey by both email and government cell (443-780-4235) for additional guidance.

Immediately find out as much information as possible about the crime, the requester's position in the law enforcement agency, and the information requested, before referring the case to the agency Privacy Officer. You may ask the requester to fax a written request in order to expedite the request.


GN 03312 TN 6 - Disclosure for Law Enforcement Purposes - 7/21/2021