POMS Reference

This change was made on Jul 11, 2018. See latest version.
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GN 03316.140: Disclosure Without Consent Ad Hoc Disclosure Situations

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  • Effective Dates: 07/20/2012 - Present
  • Effective Dates: 07/11/2018 - Present
  • BASIC (09-05)
  • GN 03316.140 Disclosure Without Consent Ad Hoc Disclosure Situations
  • A. Policy
  • In exceptional cases, the Commissioner of Social Security or a designee may approve, on a case-by-case basis, disclosure of non-tax return information under the ad hoc disclosure provision of SSA’s disclosure regulation (20 C.F.R. § 401.195). In these cases, the following requirements must be met:
  • * the disclosure seems appropriate or necessary, and
  • * there is no provision for disclosure in SSA’s disclosure regulations (20 C.F.R. Part 401) as interpreted by POMS GN Chapter 033, and
  • * no provision of law specifically prohibits the disclosure.
  • B. Procedure
  • Components should contact the SSA Privacy Officer (PO) immediately, through the component Privacy Act or Security Coordinator, for all requests for information involving national security or other ad hoc disclosure situations. If the Privacy Act or Security Coordinator is not available, contact the SSA Privacy Officer (see http://co.ba.ssa.gov/ogc/OPD/html/personnel.htm. for contact information). In most cases the PO will in turn make a referral to the Commissioner of SSA.
  • Components should contact the SSA Privacy Officer (PO) immediately, through the component Privacy Act or Security Coordinator, for all requests for information involving national security or other ad hoc disclosure situations. If the Privacy Act or Security Coordinator is not available, contact the SSA PO via email at ^FOIA Public Liaison, phone at (410) 966-6645, or fax at (410) 966-0869.
  • Before referring the case to the SSA Privacy Officer, quickly find out as much as information as possible about the crime or other activity prompting the request, the requester's position in the law enforcement agency or other agency, and the information needed. You may ask the requester to telefax a written request.