Social Security

Identification Number:	EM-23049
Intended Audience:	All RCs/ARCs/ADs/FOs/TSCs/PSCs/OCO/OCO-CSTs/OHO/OARO/CO
Originating Office:	Office of the General Counsel, Office of Privacy and Disclosure
Title:	First Party Electronic Consent to and Authorization for SSA to Disclose Records to a Third Party using the SSA-3288-OP1
Type:	EM - Emergency Messages
Program:	All Programs
Link To Reference:	See Reference at the end of this EM.

Retention Date: July 31, 2024

A. Background
The Creating Advanced Streamlined Electronic Services for Constituents (CASES) Act of 2019, Public Law 116-50, 133 Stat. 1073 (2019) and Office of Management and Budget (OMB) guidance requires Federal agencies to accept electronic consents from digitally identity proofed and authenticated record holders to disclose Privacy Act protected records to third parties. SSA developed the webform SSA-3288-OP1, Consent for Disclosure of Records Protected Under the Privacy Act, for its initial release.

The SSA-3288-OP1 provides number holders (NHs) with an electronic means to give consent to and authorize SSA to disclose certain types of the NH’s Privacy Act protected records. The SSA-3288-OP1 is limited to first party requests of individuals over the age of 18. We will not accept an SSA-3288-OP1 from a parent or guardian of a minor child or of an incompetent adult.

B. Policy
SSA will accept electronic written consent to and authorization for SSA to disclose certain types of a NH’s Privacy Act protected records using the SSA-3288-OP1. The SSA-3288-OP1 is a webform that the NH user will complete after they are identity proofed and authenticated.

The form of electronic signature accepted on the SSA-3288-OP1 is the NH’s typed name. The NH must type the letters of their name as it appears in the “Authentication Information” section on the SSA-3288-OP1 webform. Typed name entries that do not match (i.e., misspelled name, partial name, initials, nickname) will return an error message within the SSA-3288-OP1 webform.

NOTE: The electronic signature name match is case insensitive (i.e., the signature will match if the NH types the same letters that are in the “Authentication Information” section, regardless of case (capital or lowercase)). The last page of the SSA-3288-OP1 is an electronic signature audit page that includes the NH’s signed name exactly as the NH has typed it in the signature block.

This policy does not apply to or amend policies, including signature requirements, for the SSA-3288.

C. Instructions

The NH will access the webform SSA-3288-OP1 at SSA’s Privacy Program page under the “Electronic Request for Consent to Disclose” tab. Before the NH can complete the SSA-3288-OP1, they are first identity proofed and authenticated with a legacy ROME, Login.gov, or ID.me account or by creating a new Login.gov account. The NH completes and signs the SSA-3288-OP1 electronically. After the NH successfully signs and submits the SSA-3288-OP1 by typing their name and clicking the “submit” button, the webform is locked from alteration. The signed and locked SSA-3288-OP1 is saved in WorkTrack, which uses DOORS to route the completed form to the corresponding field office (FO) based on the NH user’s ZIP code.

The FO will follow local procedures for assigning work in WorkTrack. Technicians will follow current procedures to determine associated fees and for completing the disclosure request. Because the SSA-3288-OP1 includes a valid electronic signature, technicians do not need to verify the NH user’s signature on this form.
‘
Direct all program-related and technical questions to your Regional Office (RO) support staff using vHelp or Program Service Center (PSC) Operations Analysis (OA) staff. RO support staff or PSC OA staff may refer questions, concerns or problems to their Central Office contacts.

References
GN 03305.001 Disclosure with Consent
GN 03305.003 Consent Documents
GN 03305.010 Reviewing and Retaining Consent Statements
GN 03311.005 Privacy Act and FOIA Fees
GN 02403.012 Processing Fees Received in the Field Office
GN 02403.014 Processing Non-Programmatic Fees received in the Field Office Using the Social Security Electronic Remittance System

---