Who Has the Right to Access Your Information?
Chapter 5
It
can be difficult to determine WHO has the right to access your
information. This is especially true in situations where you are
requested to divulge information such as Social Security Numbers
(for employment or rentals). Who has the right to demand that
information and do you have the right to refuse?
You
may also be concerned with who is accessing your information within
businesses or government agencies. Understanding the need for your
information can help you judge whether providing it is in your best
interest.
Your
Social Security Number is Your Biggest Threat
While
information such as your name, date of birth, mother’s maiden
name, address etc. are easily traced it is your SSN that is the
biggest threat. If thieves know your SSN they can access your
banking information, utilities and other personal information as
well as establish new credit in your name.
Although
originally the SSN was only to be used for Social Security programs
it is now commonly used for filing purposes including bank accounts,
employee, student and medical records. This makes your SSN a free
pass gaining access to your personal information.
Who
Should Require Your SSN?
There
are some government agencies (tax, welfare, Medicare and motor
vehicles) who can lawfully require your SSN. Other agencies may
request your SSN in a manner that implies you must give it.
You
can determine whether the agency has a right to your SSN by reading
the disclosure statement that is mandatory on government forms
requesting the number. The disclosure statement will tell you if the
SSN is required or optional. It also states which agency is
requiring the number and what it will be used for. Government
agencies have strict laws about the use and storage of SSN’s –
private agencies or businesses do not.
You
cannot be denied services from government agencies if you refuse to
give your SSN unless they are legally required to obtain it or had a
law in effect before January 1, 1975 requiring a SSN.
Employers
must obtain your SSN to report earnings and payroll taxes. While
they are required by law to have your SSN you might ask for them to
protect your number if it is used for filing, listed on ID badges or
otherwise made public.
Other
businesses or agencies, including private medical insurance and
schools, may request your SSN. If they are federally funded schools
or are reporting to the IRS they may have a legal right to the
information. If the reason for the request is not listed on the form
you can leave the space provided for your SSN blank and ask for an
explanation of why they are requesting it.
While
a business may have no legal right to the information they can
refuse service if you choose not to disclose it. State laws differ
but businesses should not willfully display SSN’s, however,
carelessness or inadequate protection of SSN’s may not violate
these laws.
Financial
information that is of interest to the IRS requires your SSN to be
listed. Banking, stocks, employment and other financial statements
all must include the number.
Credit
card companies may request your SSN but are not legally required to
have it. Since the number is used to validate who you are you may be
able to provide proof with other forms of identification. Be
prepared to have a difficult time finding a creditor who will
provide credit if you refuse to submit your SSN.
Since
potential creditors (including landlords) may wish to see your
credit report you will likely be required to give them your SSN to
obtain the report. You may ask if they will accept a current report
without the SSN and confirm your identity with other forms of ID.
Federal
records, including driver’s license, divorce papers, child support
and death certificates all require SSN’s. Birth certificates
usually require the SSN’s of both of the parents unless there is
good cause for not requiring it.
If
you receive email that appears to be from a service provider or
government agency that requests your SSN do not reply. This
information will not be requested through unsolicited emails and is
being sent from a fraudulent source.
You
can find out more about the legal requirements for using your SSN
at:
http://www.privacy.ca.gov/recommendations/ssnrecommendations.pdf
Click
on the next chapter to continue
·
How
Serious is Identity Theft?
Find out just how much damage an identity thief
can cause. Knowing what they do can help you stay alert.
·
Are You at
Risk?
Are you making
these 14 common mistakes that make it easy for a thief to get your
information?
·
How Can You Tell if
YOUR Identity’s Been Stolen?
The 5 RED FLAGS
that alert you to a possible identity theft.
·
What To Do if
You’re a Victim of Identity Theft
The sooner you
respond to the theft the less damage will be done. Find out who to
contact immediately and what to do. Details for contacting credit
agencies or police in the US, UK, Canada and Australia.
·
Who Has the Right to
Access Your Information?
Who should be
asking for your information? When can you say no? What options are
available?
·
What is Being Done to
Protect Your Privacy?
What steps are
being taken to legally protect you? How much protection is really
available?
·
What Can You Do to
Prevent Identity Theft?
Learn what YOU
can do to reduce the risk. Steps that can thwart thieves and
prevent you from becoming an easy target.
·
Special Concern:
Online Privacy
Taking care of
your personal information online. Special segment specifically
about online privacy.
·
Learn How to Read a
Privacy Policy
Learn what to
look for in a privacy policy. Understand the wording that may mean
there is no protection at all.
·
Protecting Your
Children’s Privacy
How to educate
your children about privacy and safety when communicating online.
|
