Pennsylvania Social Security Privacy Act (71 P.S. § 2601 - § 2620)

Pennsylvania Social Security Privacy Act

71 P.S. § 2601 - § 2620

 

Title 71 P.S. State Government  Part V. Miscellaneous

Chapter 29. Social Security Number Privacy Act

§ 2601. Short Title

§ 2602. Definitions

§ 2603. Use of Social Security Numbers Alternatives

§ 2604. Duties of Department

§ 2605. Use of Social Security Number Prohibited

§ 2606. Exemption

§ 2607. Nonapplicability

§ 2608. Construction

§ 2620. Effective Date

 

§ 2601. Short title

This act shall be known and may be cited as the Previous TermSocial SecurityNext Term Number Previous TermPrivacy ActNext Term.

Credits

2006, Nov. 29, P.L. 1456, No. 160, § 1, imd. effective.

71 P.S. § 2601, Previous TermPANext Term ST 71 P.S. § 2601

Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.

71 P.S. § 2601

 

§ 2602. Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Commonwealth agency.” As defined in 42 Pa.C.S. § 102 (relating to definitions).

“Department.” The Department of Transportation of the Commonwealth.

“Health insurer.” An entity licensed in this Commonwealth which issues any individual or group health, sickness and accident insurance policy, group health insurance plans or policies and all other forms of managed or capitated care plans or policies or subscriber contracts or certificates subject to the act of May 17, 1921 (P.L. 682, No. 284),1 known as The Insurance Company Law of 1921, the act of December 29, 1972 (P.L. 1701, No. 364),2 known as the Health Maintenance Organization Act, the act of May 18, 1976 (P.L. 123, No. 54),3 known as the Individual Accident and Sickness Insurance Minimum Standards Act, or 40 Pa.C.S. Ch. 61 (relating to hospital plan corporations) or 63 (relating to professional health services plan corporations).

“SSN.” Social Security number.

Credits

2006, Nov. 29, P.L. 1456, No. 160, § 2, imd. effective.

Footnotes

1

40 P.S. § 341 et seq.

2

40 P.S. § 1551 et seq.

3

40 P.S. § 776.1 et seq.

71 P.S. § 2602, PA ST 71 P.S. § 2602

Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.

Effective: November 29, 2006

71 P.S. § 2602

 

§ 2603. Use of Social Security numbers alternatives

(a) General rule.--Except as provided in section 71 and notwithstanding any other law to the contrary, individuals applying for or renewing a professional license or certification, occupational license or certification or recreational license required by a Commonwealth agency or municipality shall be permitted to provide an alternative to disclosing their SSNs if the SSNs are collected by the agency or municipality solely for the purpose of complying with 23 Pa.C.S. § 4304.1(a)(2) (relating to cooperation of government and nongovernment agencies).2 Alternate forms of identification shall include the individual's department-issued driver's license number or department issued nondriver identification card number.

(b) Effect of alternatives.--Any individual who provides an alternative under subsection (a) shall not be required to supply a Social Security number.

(c) Licensing agencies and municipalities.--Commonwealth agencies and municipalities issuing or renewing a professional license or certification, occupational license or certification or recreational license and collecting the individual's SSN for the purpose of complying with 23 Pa.C.S. § 4304.1(a)(2) shall develop application and renewal forms containing all of the following:

(1) Space for the individual's department-issued driver's license number as an alternative to the individual's SSN.

(2) Space for the individual's department-issued nondriver identification card number as an alternative to the individual's SSN.

(3) A statement to read as follows:

By affixing my driver's license number or nondriver's identification number issued by the Pennsylvania Department of Transportation, I authorize the Pennsylvania Department of Transportation to release my Social Security number to (insert Commonwealth agency or municipality) for the limited purpose of complying with 23 Pa.C.S. § 4304.1(a)(2).

Credits

2006, Nov. 29, P.L. 1456, No. 160, § 3.

Footnotes

1

71 P.S. § 2607.

2

Pennsylvania Dept. of Public Welfare request, pursuant to 71 P.S. § 2606, for exemption from federal law requiring collection of Social Security numbers from certain license applicants, granted as to recreational licenses only. See Historical and Statutory Notes, below.

71 P.S. § 2603, PA ST 71 P.S. § 2603

Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.

Effective: April 19, 2010

71 P.S. § 2603

 

§ 2604. Duties of department

The department shall, in a secure fashion, provide an individual's SSN to a Commonwealth agency or municipality when the Commonwealth agency or municipality provides the department with an alternative number pursuant to section 3(a)1 in a manner prescribed by the department, and provided the Commonwealth agency or municipality states the individual's Social Security number will not be further released, except as required pursuant to Federal or State law.

Credits

2006, Nov. 29, P.L. 1456, No. 160, § 4.

Footnotes

1

71 P.S. § 2603.

71 P.S. § 2604, PA ST 71 P.S. § 2604

Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.

Effective: April 19, 2010

71 P.S. § 2604

 

§ 2605. Use of Social Security number prohibited

No health insurer shall place an insured's SSN on a health insurance identification card.

Credits

2006, Nov. 29, P.L. 1456, No. 160, § 5, imd. effective.

71 P.S. § 2605, PA ST 71 P.S. § 2605

Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.

Effective: November 29, 2006

71 P.S. § 2605

 

§ 2606. Exemption

(a) Application.--The Department of Public Welfare1 shall apply for an exemption under section 666(d) of the Social Security Act (49 Stat. 620, 42 U.S.C. § 666(d)).

(b) Publication.--The Secretary of the Commonwealth shall transmit to the Legislative Reference Bureau, for publication in the Pennsylvania Bulletin, notice of the granting of an exemption under subsection (a).

Credits

2006, Nov. 29, P.L. 1456, No. 160, § 6, imd. effective.

Footnotes

1

Now Department of Human Services; see 62 P.S. § 103.

71 P.S. § 2606, PA ST 71 P.S. § 2606

Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.

Effective: November 29, 2006

71 P.S. § 2606

 

§ 2607. Nonapplicability

This act shall not apply to forms required by the department for the purposes of driver licensing and nondriver identification.

Credits

2006, Nov. 29, P.L. 1456, No. 160, § 7.

71 P.S. § 2607, PA ST 71 P.S. § 2607

Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.

Effective: April 19, 2010

71 P.S. § 2607

 

§ 2608. Construction

Nothing in this act shall be construed to prevent any Commonwealth agency, municipality or other entity which is required to obtain a Social Security number on behalf of a Commonwealth agency or municipality from collecting, using or releasing a Social Security number as required by Federal or State law for child support enforcement purposes pending approval of an exemption under section 6.1

Credits

2006, Nov. 29, P.L. 1456, No. 160, § 8, imd. effective.

Footnotes

1

71 P.S. § 2606.

71 P.S. § 2608, PA ST 71 P.S. § 2608

Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.

Effective: November 29, 2006

71 P.S. § 2608

 

§ 2620. Effective date

This act shall take effect as follows:

(1) Sections 3, 4 and 71 of the act shall take effect one year after the publication of the notice under section 6(b).2

(2) The remainder of this act shall take effect immediately.

Credits

2006, Nov. 29, P.L. 1456, No. 160, § 20, imd. effective.

Footnotes

1

71 P.S. §§ 2603, 2604, and 2607.

2

71 P.S. § 2606.

71 P.S. § 2620, PA ST 71 P.S. § 2620

Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.

Effective: November 29, 2006

71 P.S. § 2620

 

Confidentiality of Social Security Numbers (Pennsylvania Statutes, Title 74, Chapter 5, Sec. 201 through 204, added by Laws of 2006, Act 60, effective September 1, 2006.)

 

For more information, see here:  https://govt.westlaw.com/pac/Browse/Home/Pennsylvania/UnofficialPurdonsPennsylvaniaStatutes?guid=N5EEF4910ABFC11DB8142FA7915221857&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)

AND

https://www.legis.state.pa.us/cfdocs/legis/CH/PUBLIC/ucons_pivot_pge.cfm?session=2006&session_ind=0&act_nbr=0160.&pl_nbr=1456

 

These materials were obtained directly from the State Legislative websites and are posted here for your review and reference only.  No Claim to Original State Government Works.  This may not be the most recent version.  The State may have more current information.  We make no guarantees or warranties about the accuracy or completeness of this information, or the information linked to.  Please check the linked sources directly.

These materials were obtained directly from the U.S. Federal Government public websites, U.S. State Government public websites, or the International Government public websites and are posted here for your review and reference only. No Claim to Original U.S. Government Works, Original U.S. State Government Works, or Original International Government Works. This information may not be the most recent version. The U.S. Government, U.S. States, or International Governments may have more current information. We make no guarantees or warranties about the accuracy or completeness of this information, or the information linked to. Please check the linked sources directly.

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