If federal law requires, a government entity must collect an individual’s Social Security number (SSN) to provide a service or benefit (Federal Privacy Act of 1974, 5 U.S.C. 552a note – Disclosure of Social Security Number). Before collecting an SSN, government must (1) know the legal authority to collect the SSN, and (2) give an individual the required federal and state notices at the time of collection.
Both federal and state laws impose restrictions on the collection of whole SSNs.
Federal law states that government cannot deny an individual any right, privilege, or benefit if the individual refuses to provide his/her SSN unless the collection is required by federal law (Federal Privacy Act of 1974, 5 U.S.C. 552a note). One example of a federal law requiring SSN collection is the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which says that an SSN must be collected on an application for any professional license, driver’s license, occupational license, recreational license, or marriage license (42 U.S.C. 666(a)(13)).
Minnesota law states that collection and storage of all data on individuals must be limited to that necessary for the administration and management of programs authorized by law (Minnesota Statutes, section 13.05, subdivision 3).
If the government entity in question does not have federal authority to require an SSN, but wants to collect it, it must also consider the language in section 13.05, subdivision 3. Without federal authority, individuals may choose not to give their SSN and the entity cannot refuse to provide a right, privilege, or benefit.
When a government entity asks for an SSN, federal and state law require the entity to provide a notice (either verbal or written) about issues related to collecting and using the SSN. Note that the federal notice requirements do not apply to the collection of partial social security numbers. For more information on partial social security numbers, see below.
Federal law requires an entity to tell an individual three things when collecting a SSN:
Government is required by state law to provide a Tennessen warning notice at the time of collection because SSNs are private data under Minnesota Statutes, section 13.355. The four requirements of a Tennessen warning are:
(Minnesota Statutes, section 13.04, subdivision 2)
The federal law that gives you protection and requires government entities to provide you with a special notice when they collect your Social Security number (SSN) does not apply when a Minnesota government entity wants to collect only part of your SSN.
Minnesota law says that the collection and use of data must be necessary to administer or manage a program specifically authorized by law (Minnesota Statutes, section 13.05, subdivision 3). So, if a Minnesota government entity determines that collecting part of your SSN is necessary, it can require you to provide your partial SSN if you want a service or benefit from the entity.
If a Minnesota government entity asks you for part of your SSN, you may choose not to give it to the entity. However, the entity can decide not to provide you with a service or benefit if collecting part of your SSN is necessary under Minnesota Statutes, section 13.05, subdivision 3.
Your SSN, or part of your SSN, is private data under Minnesota Statutes, section 13.355. This means that a government entity cannot release any part of your SSN to the public. This also means that when the entity asks you for any part of your SSN, it must give you a notice (either verbal or written) about issues related to collecting and using your SSN. This notice is often referred to as a Tennessen warning. The entity must provide you with the following information:
