Under the Privacy Act (5 U.S.C. § 552a(b)(8)), we may disclose non-tax return information in compelling circumstances affecting the health or safety of an individual. A compelling circumstance is an emergency, life or death situation, where harm is believed to be imminent.

We may initiate a disclosure or respond to a request from an entity that could take action on the information disclosed. In these cases, the Privacy Act requires us to send a notice to the individual informing him or her that we have made a disclosure of their personal information. The Privacy Act does not mandate a time period during which this notification must be sent.

Examples of health and safety disclosure that may be made under 5 U.S.C. § 552a(b)(8) include:

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  To the police or another appropriate party for the location, prosecution or detention of an individual who has threatened to harm another individual (including an SSA employee).

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  To a person whose health or safety has been threatened, when disclosure is made in an attempt to prevent the threatened harm.

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  To an appropriate mental health clinic, agency, hotline, etc., to report a threatened suicide.

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  To a public or hospital official who needs information to identify a deceased, amnesiac, unconscious or mentally incapacitated person and cannot obtain it from any other source.

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  To a public agency (such as a State Health Department) responsible for the identification, location, or treatment of individuals who have medical conditions that are legally reportable and perilous to the health or safety of themselves or the public.

Keep in mind that disclosure in health and safety situations may fall within other exceptions to the Privacy Act allowing disclosure without consent. For example, see GN 03312.095 for more information on disclosures to law enforcement agencies involving health and safety situations, and see GN 03314.120 for more information on disclosures without consent to state and local protective social services agencies, involving health and safety situations in which a child or other vulnerable person may be the victim of neglect or abuse.

The component receiving a request may disclose relevant information if the request demonstrates a compelling circumstance affecting the health and safety of an individual if in the opinion of the component’s manager such a circumstance exists. If the situation does not constitute an emergency, life or death situation, where harm is believed to be imminent, but otherwise raises agency concern or if there are any questions concerning the appropriateness of the disclosure, contact the regional Privacy Act Coordinator, who may in turn contact the Office of the General Counsel, Office of Privacy and Disclosure.

When making a disclosure for health and safety reasons, send a notice to the individual whose record we disclosed. The following is suggested language for the notice:

This to advise you that the Social Security Administration recently released information about you to the _________________________ in a compelling circumstance involving the health and safety of an individual.  We made this disclosure in accordance with the Privacy Act (5 U.S.C. § 552a(b)(8)) and SSA regulations (20 C.F.R. § 401.160). Both the Privacy Act and our regulations permit us to disclose information in a compelling circumstance affecting the health and safety of an individual.

If you want information about the information we released, you can contact our office. If you contact our office, please refer to this notice in your correspondence.