2014 Indiana Code TITLE 4. STATE OFFICES AND ADMINISTRATION ARTICLE 1. MISCELLANEOUS PROVISIONS CHAPTER 10. RELEASE OF SOCIAL SECURITY NUMBER
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IC 4-1-10
Chapter 10. Release of Social Security Number
IC 4-1-10-1
Applicability
Sec. 1. This chapter applies after June 30, 2006.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-1.5
"Person"
Sec. 1.5. As used in this chapter, "person" means an individual, a
corporation, a limited liability company, a partnership, or other legal
entity.
As added by P.L.160-2007, SEC.1.
IC 4-1-10-2
"State agency"
Sec. 2. As used in this chapter, "state agency" means an authority,
a board, a branch, a commission, a committee, a department, a
division, or another instrumentality of the executive, including the
administrative, department of state government. Except as provided
in subdivision (4), the term does not include the judicial or
legislative department of state government. The term includes the
following:
(1) A state elected official's office.
(2) A state educational institution.
(3) A body corporate and politic of the state created by state
statute.
(4) The Indiana lobby registration commission established by
IC 2-7-1.6-1.
As added by P.L.91-2005, SEC.1. Amended by P.L.2-2007, SEC.18.
IC 4-1-10-3
Nondisclosure of Social Security number
Sec. 3. (a) For purposes of this section, disclosure of the last four
(4) digits of an individual's Social Security number is not a
disclosure of the individual's Social Security number.
(b) Except as provided in section 4 or 5 of this chapter, a state
agency may not disclose an individual's Social Security number.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-4
Exceptions to nondisclosures of Social Security number
Sec. 4. Unless prohibited by state law, federal law, or court order,
the following apply:
(1) A state agency may disclose the Social Security number of
an individual to a state, local, or federal agency.
(2) A state law enforcement agency may, for purposes of
furthering an investigation, disclose the Social Security number
of an individual to any individual, state, local, or federal
agency, or other legal entity.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-5
Permitted disclosures of Social Security number
Sec. 5. (a) A state agency may disclose the Social Security
number of an individual if any of the following apply:
(1) The disclosure of the Social Security number is expressly
required by state law, federal law, or a court order.
(2) The individual expressly consents in writing to the
disclosure of the individual's Social Security number.
(3) The disclosure of the Social Security number is:
(A) made to comply with:
(i) the USA Patriot Act of 2001 (P.L. 107-56); or
(ii) Presidential Executive Order 13224; or
(B) to a commercial entity for the permissible uses set forth
in the:
(i) Drivers Privacy Protection Act (18 U.S.C. 2721 et
seq.);
(ii) Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or
(iii) Financial Modernization Act of 1999 (15 U.S.C. 6801
et seq.).
(4) The disclosure of the Social Security number is for the
purpose of administration of a state agency employee's or the
state agency employee's dependent's health benefits.
(5) The disclosure of the Social Security number is for the
purpose of administration of:
(A) a pension fund administered by the board of trustees of
the Indiana public retirement system;
(B) a deferred compensation plan or defined contribution
plan established under IC 5-10-1.1;
(C) a pension plan established by the state police department
under IC 10-12;
(D) the Uniform Commercial Code (IC 26-1) by the office of
the secretary of state; or
(E) Title IV-D of the federal Social Security Act.
(b) A state agency's disclosure of the Social Security number of
an individual in compliance with subsection (a) does not violate
IC 5-14-3-4(a)(12).
As added by P.L.91-2005, SEC.1. Amended by P.L.29-2006, SEC.1;
P.L.106-2008, SEC.1; P.L.35-2012, SEC.14; P.L.128-2012, SEC.1.
IC 4-1-10-5.5
Disclosure of Social Security number by state educational
institution
Sec. 5.5. Unless prohibited by state law, federal law, or a court
order, the following apply:
(1) A state educational institution may disclose, in addition to
the disclosures otherwise permitted by this chapter, a Social
Security number of an individual to the following:
(A) A state, local, or federal agency or a person with whom
a state, local, or federal agency has a contract to perform the
agency's duties and responsibilities.
(B) A person that the state educational institution contracts
with to provide goods or services to the state educational
institution if:
(i) the disclosure is necessary for the contractor to perform
the contractor's duties and responsibilities under the
contract; and
(ii) the contract requires adequate safeguards, including
any safeguards required by state or federal law, to prevent
any use or disclosure of the Social Security numbers for
any purpose other than those purposes described in the
contract and to require the return or confirmed destruction
of any Social Security numbers following termination of
the contractual relationship.
(C) Persons to whom the state educational institution may
otherwise legally disclose for the permissible purposes of the
following:
(i) The Family Education Rights and Privacy Act (20
U.S.C. 1232g et seq.).
(ii) The Health Insurance Portability and Accountability
Act (42 U.S.C. 201 et seq.).
(D) The state educational institution's legal counsel, but only
to the extent that a state educational institution could
disclose a Social Security number to an in-house counsel.
(2) Consent for the authorized disclosure of any individual's
Social Security number may be given to a state educational
institution by electronic transmission if the state educational
institution is reasonably able to verify the authenticity of the
consent. A state educational institution may rely on the written
consent of an individual given to a third party if the consent
expressly permits the disclosure of the individual's Social
Security number by the state educational institution.
As added by P.L.160-2007, SEC.2.
IC 4-1-10-6
State agency compliance
Sec. 6. A state agency complies with section 3 of this chapter if
the agency:
(1) removes; or
(2) completely and permanently obscures;
a Social Security number on a public record before disclosing the
public record.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-7
Impermissible disclosure of Social Security number; required
notice
Sec. 7. If a state agency releases a Social Security number in
violation of this chapter, the agency shall provide notice to the
person whose Social Security number was disclosed in the manner
set forth in IC 4-1-11.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-8
Criminal disclosures of Social Security number; Level 6 felony
Sec. 8. An employee of a state agency who knowingly,
intentionally, or recklessly discloses a Social Security number in
violation of this chapter commits a Level 6 felony.
As added by P.L.91-2005, SEC.1. Amended by P.L.158-2013,
SEC.57.
IC 4-1-10-9
False representation to obtain Social Security number; Level 6
felony
Sec. 9. A person who knowingly, intentionally, or recklessly
makes a false representation to a state agency to obtain a Social
Security number from the state agency commits a Level 6 felony.
As added by P.L.91-2005, SEC.1. Amended by P.L.158-2013,
SEC.58.
IC 4-1-10-10
Negligent disclosure of Social Security number; Class A infraction
Sec. 10. An employee of a state agency who negligently discloses
a Social Security number in violation of this chapter commits a Class
A infraction.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-11
Attorney general investigation of disclosures; notice to county
prosecutor and state police
Sec. 11. (a) The attorney general may investigate any allegation
that a Social Security number was disclosed in violation of this
chapter.
(b) If the attorney general determines that there is evidence that
a state employee committed a criminal act under section 8 or 9 of this
chapter, the attorney general shall report the attorney general's
findings to:
(1) the prosecuting attorney in the county where the criminal act
occurred; and
(2) the state police department.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-12
Attorney general determination of infraction; report to appointing
authority and county prosecutor
Sec. 12. If the attorney general determines that there is evidence
that a state employee committed an infraction under section 10 of
this chapter, the attorney general:
(1) shall report the attorney general's findings to the appointing
authority (as defined in IC 4-2-6-1) of the agency that employs
the employee; and
(2) may report the attorney general's findings to the local
prosecuting attorney in the county where the infraction
occurred.
As added by P.L.91-2005, SEC.1.
IC 4-1-10-13
Attorney general rulemaking authority
Sec. 13. The attorney general may adopt rules under IC 4-22-2
that the attorney general considers necessary to carry out this
chapter.
As added by P.L.91-2005, SEC.1.
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