2.2-3815 - Access to social security numbers prohibited; exceptions. - Virginia Statutes

§ 2.2-3815. Access to social security numbers prohibited; exceptions.

A. Except as otherwise provided in this chapter, the first five digits of asocial security number contained in a public record shall be confidential andexempt from disclosure under the Freedom of Information Act (§ 2.2-3700 etseq.).

For the purposes of this chapter:

"Agency" means the same as that term is defined in § 2.2-3801, unless thecontext requires otherwise.

"Data subject" means the same as that term is defined in § 2.2-3801.

"Public record" means the same as that term is defined in § 2.2-3701, butshall not include any records required by law to be maintained by the clerksof the courts of record, as defined in § 1-212, or courts not of record, asdefined in § 16.1-69.5.

"Regional agency" means a unit of government organized as provided by lawwhose members are appointed by the participating local governing bodies, andsuch unit includes two or more counties, cities, or towns.

B. The provisions of this section shall not be construed to prevent therelease of a social security number:

1. In accordance with a proper judicial order;

2. To any federal, state or local law-enforcement or correctional personnel,including a law-enforcement officer, probation officer, parole officer oradministrator, or a member of a parole board, seeking information in thecourse of his official duties;

3. By one agency to another agency in Virginia or to an agency in anotherstate, district, or territory of the United States where such information isrequested by such agencies in connection with (i) the application of the datasubject therein for a service, privilege, or right under the laws thereof,(ii) the transmittal of information to family advocacy representatives of theUnited States Armed Forces in accordance with subsection N of § 63.2-1503, or(iii) the performance of such agency's official duties;

4. To any data subject exercising his rights under § 2.2-3806, or if the datasubject is less than 18 years of age, to his legal guardian or parent,including a noncustodial parent, unless such parent's parental rights havebeen terminated or a court of competent jurisdiction has restricted or deniedsuch access;

5. To any other agency in Virginia or to a federal agency in order to complywith any applicable law or regulation; or

6. To a person or entity when necessary to administer any program of theagency, to perform a service or function of the agency, or to conduct orcomplete the transaction for which the social security number was submittedto the agency.

(2009, c. 213.)