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Confidentiality of Records
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The Social Security Administration, like other federal agencies, is subject to the provisions of the Privacy Act of 1974. The Act prohibits the dissemination of information about an individual that is maintained by the agency including that regarding his education, finances, and medical, employment, and criminal history. An individual's application for benefits, submission of medical records, consultative examination reports, and income and resource information would all seem to be covered by the Act. With exceptions, the SSA can only disclose an individual's personal information if it receives a written request by, or with the written consent of, the individual to whom the information pertains.
With respect to the records under its control, the SSA must maintain a recordkeeping system that accounts for the date, nature, and purpose of the disclosure as well as the name and address of the person to whom the information is disclosed. These accounting archives must be kept for at least five years and the individual to whom the records pertain may have access to them upon request.
The Act mandates that the SSA, as an applicable agency, take a proactive approach to maintaining the confidentiality of the information it has collected through its purpose of determining eligibility and providing social security benefits. The SSA must establish technical, administrative, and physical safeguards to ensure the security and confidentiality of its records, as well as protect its records from anticipated threats that could cause substantial harm or embarrassment to the subject individual. Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.
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