SSN Law

Social Security Number Is Not Required

Citations and References

This page contains references to court cases, legal citations, laws and other important resources that provide similar information.

Section 7 of Public Law 93-579, as enacted by the Congress of the United States states that:

(a)(1) It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number.

(2) the (The) provisions of paragraph (1) of this subsection shall not apply with respect to -

(A) any disclosure which is required by Federal statute, or

(B) the disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual.

(b) Any Federal, State, or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.

Link Description

Bowen vs. Roy U.S. Supreme Court, Bowen vs. Roy, 476 U.S. 693 (1986), 476 U.S. 693
. . . the court held that the public interest in maintaining an efficient and fraud-resistant system could be met without requiring a Social Security number for the child. The court then enjoined the Secretary of Health and Human Services from using and disseminating the Social Security number issued in . . .

Yeager vs. Hackensack Water Co. United States District Court, 615 F.Supp. 1087; Decided : Aug. 14, 1985
. . . defendants [Hackensack] are directed to comply with the disclosure requirements of the Privacy Act in their attempt to collect social security numbers. Defendants are constrained in their use of the numbers already collected until retroactive compliance is achieved. As to the collection of the names of household members, defendants' actions are declared unconstitutional. Defendants are restrained from any further attempts to gather this information and directed to destroy all such information previously collected.

EEOC vs. Information Systems Consulting, Inc. Because Social Security is voluntary, the Justice Department argued for the EEOC (Equal Employment Opportunity Commission) against an employer in Texas who had, under IRS advice refused to hire an individual who would not provide a social security number. The complaint was styled as a discrimination action.

4 CFR 83.9 GAO may not require individuals to disclose their Social Security Number (SSN) unless disclosure would be required; . . .

5 CFR 293.105 Agencies may not require individuals to disclose their Social Security Number unless disclosure would be required; . . .

5 USC Sec. 552a See note near end of file - Disclosure of Social Security Number - Section 7 of Public Law 93-579 provides that it shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number.

8 CFR 274a.2 INS Form I-9 is used only for agricultural related employment.
". . . person or entity who is either an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802). The Form I-9, Employment Eligibility Verification Form, has been designated by the Service as the form to be used in complying with the requirements of this section."

26 CFR 31.3402(p) I.R.S. Form W-4 - Voluntary withholding agreement ... an employee who desires to enter into an agreement ... shall furnish his employer with Form W-4 . . . furnishing Form W-4 shall constitute a request for withholding.

31 CFR 103.28 . . . financial institution shall verify and record the name and address of the individual presenting a transaction, as well as record the identity, account number, and the social security or taxpayer identification number, if any . . .

31 CFR 103.33 . . . bank shall obtain and retain a record of the originator's taxpayer identification number (e.g., social security or employer identification number) or, if none, alien identification number or passport number and country of issuance, if known by the person placing the order, or a notation in the record of the lack thereof.

31 CFR 103.34 In the event that a bank has been unable to secure . . . the required identification, it shall nevertheless not be deemed to be in violation of this section if . . .

49 CFR 10.29 No individual is denied any right, benefit, or privilege provided by law because of such individual's refusal to disclose his Social Security account number.

Social Security Numbers for Newborns According to the Social Security Administration, getting a Social Security number for your baby is strictly voluntary. You won't get a number unless you ask for one when you provide the information for your baby's birth certificate.

SSA Publication 05-10002 Notice fourth paragraph - ". . . other government agencies are permitted by law to use Social Security numbers, but there is no law either authorizing or prohibiting their use."

Los Angeles Times Article
Complete article here
In the first court decision that declares a driver's license applicant can refuse to give the Department of Motor Vehicles a Social Security number for religious reasons, a Los Angeles Superior Court judge has ruled the DMV must accommodate five men who contend the numbers are the "mark of the beast" in the biblical Book of Revelation.

WorldNetDaily.com Article 18-year-old Wins right to vote without Social Security registration

Arizona Star Article Police alter their policy in response to suit. In November 1997, the department required officers to request a detainee's Social Security number and explain that providing it was voluntary.

Computer Professionals for Social Responsibility Summary of some legal cases relevant to SSNs.

Forms related to maintenance of earnings records List forms are used by the Social Security Administration and by the public in connection with the maintenance of earnings records of wage-earners and self-employed persons, including three exemption forms.

ACLU The ACLU of Louisiana filed a lawsuit today on behalf of a woman who argues that the state's law requiring that social security numbers be printed on drivers' licenses violates her constitutional right to religious freedom.

ACLU Privacy in America: Social Security Numbers. If you're like most people, you've probably given out your Social Security number several times in the past few weeks. Chances are you didn't even know you had a choice in the matter. And anyway, it's such a convenient form of identification, you probably didn't think twice about it.

A pending petition against the IRS The petitioner believes she is a victim of constructive fraud. You will learn what that is by reading her submission. You will also learn by seeing the exact wording from Title 26 that you are not required to submit a W-4 form to an employer. The employer may request one from you but you both must enter into this agreement voluntarily.

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Link	Description
Bowen vs. Roy	U.S. Supreme Court, Bowen vs. Roy, 476 U.S. 693 (1986), 476 U.S. 693 . . . the court held that the public interest in maintaining an efficient and fraud-resistant system could be met without requiring a Social Security number for the child. The court then enjoined the Secretary of Health and Human Services from using and disseminating the Social Security number issued in . . .
Yeager vs. Hackensack Water Co.	United States District Court, 615 F.Supp. 1087; Decided : Aug. 14, 1985 . . . defendants [Hackensack] are directed to comply with the disclosure requirements of the Privacy Act in their attempt to collect social security numbers. Defendants are constrained in their use of the numbers already collected until retroactive compliance is achieved. As to the collection of the names of household members, defendants' actions are declared unconstitutional. Defendants are restrained from any further attempts to gather this information and directed to destroy all such information previously collected.
EEOC vs. Information Systems Consulting, Inc.	Because Social Security is voluntary, the Justice Department argued for the EEOC (Equal Employment Opportunity Commission) against an employer in Texas who had, under IRS advice refused to hire an individual who would not provide a social security number. The complaint was styled as a discrimination action.
4 CFR 83.9	GAO may not require individuals to disclose their Social Security Number (SSN) unless disclosure would be required; . . .
5 CFR 293.105	Agencies may not require individuals to disclose their Social Security Number unless disclosure would be required; . . .
5 USC Sec. 552a	See note near end of file - Disclosure of Social Security Number - Section 7 of Public Law 93-579 provides that it shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number.
8 CFR 274a.2	INS Form I-9 is used only for agricultural related employment. ". . . person or entity who is either an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802). The Form I-9, Employment Eligibility Verification Form, has been designated by the Service as the form to be used in complying with the requirements of this section."
26 CFR 31.3402(p)	I.R.S. Form W-4 - Voluntary withholding agreement ... an employee who desires to enter into an agreement ... shall furnish his employer with Form W-4 . . . furnishing Form W-4 shall constitute a request for withholding.
31 CFR 103.28	. . . financial institution shall verify and record the name and address of the individual presenting a transaction, as well as record the identity, account number, and the social security or taxpayer identification number, if any . . .
31 CFR 103.33	. . . bank shall obtain and retain a record of the originator's taxpayer identification number (e.g., social security or employer identification number) or, if none, alien identification number or passport number and country of issuance, if known by the person placing the order, or a notation in the record of the lack thereof.
31 CFR 103.34	In the event that a bank has been unable to secure . . . the required identification, it shall nevertheless not be deemed to be in violation of this section if . . .
49 CFR 10.29	No individual is denied any right, benefit, or privilege provided by law because of such individual's refusal to disclose his Social Security account number.
Social Security Numbers for Newborns	According to the Social Security Administration, getting a Social Security number for your baby is strictly voluntary. You won't get a number unless you ask for one when you provide the information for your baby's birth certificate.
SSA Publication 05-10002	Notice fourth paragraph - ". . . other government agencies are permitted by law to use Social Security numbers, but there is no law either authorizing or prohibiting their use."
Los Angeles Times Article Complete article here	In the first court decision that declares a driver's license applicant can refuse to give the Department of Motor Vehicles a Social Security number for religious reasons, a Los Angeles Superior Court judge has ruled the DMV must accommodate five men who contend the numbers are the "mark of the beast" in the biblical Book of Revelation.
WorldNetDaily.com Article	18-year-old Wins right to vote without Social Security registration
Arizona Star Article	Police alter their policy in response to suit. In November 1997, the department required officers to request a detainee's Social Security number and explain that providing it was voluntary.
Computer Professionals for Social Responsibility	Summary of some legal cases relevant to SSNs.
Forms related to maintenance of earnings records	List forms are used by the Social Security Administration and by the public in connection with the maintenance of earnings records of wage-earners and self-employed persons, including three exemption forms.
ACLU	The ACLU of Louisiana filed a lawsuit today on behalf of a woman who argues that the state's law requiring that social security numbers be printed on drivers' licenses violates her constitutional right to religious freedom.
ACLU	Privacy in America: Social Security Numbers. If you're like most people, you've probably given out your Social Security number several times in the past few weeks. Chances are you didn't even know you had a choice in the matter. And anyway, it's such a convenient form of identification, you probably didn't think twice about it.
A pending petition against the IRS	The petitioner believes she is a victim of constructive fraud. You will learn what that is by reading her submission. You will also learn by seeing the exact wording from Title 26 that you are not required to submit a W-4 form to an employer. The employer may request one from you but you both must enter into this agreement voluntarily.