Publishing Social Security Numbers | The Hoglawyer

Friday, July 11, 2008

Publishing Social Security Numbers

Posted By on Fri, Jul 11, 2008 at 8:28 AM

I remember a time they gave you the option of using your social security number as your driver's license number; in retrospect, a terrible idea.          I'm not sure how this law effects the discussion of the publication of real estate court records containing social security numbers and other personal data - but it should be considered for sure.

Arkansas Code Annotated § 4-86-107 Prohibiting the misappropriation of social security numbers

(a) As used in this section:

(1) "Person" means:
(A) An individual;
(B) A corporation;
(C) A partnership;
(D) An organization; or
(E) Any other entity; and
(2) "Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.

(b) Except as provided in subsection (c) of this section, a person may not do any of the following:

(1) Publicly post or publicly display in any manner an individual's social security number;
(2) Print an individual's social security number on any card required for the individual to access products or services provided by the person or entity;
(3) Print an individual's social security number:
(A) On a postcard or other mailer not requiring an envelope; or
(B) In a manner in which the social security number is visible on an envelope or without the envelope's being opened; or
(4) Require an individual to transmit his or her social security number over the Internet unless the:
(A) Connection is secure; or
(B) Social security number is encrypted.

(c) This section does not prevent the collection, use, or release of a social security number:

(1) As required or explicitly authorized by federal or state law; or
(2) Pursuant to state or federal court rules.

(d) This section does not apply to an entity providing an electronic communications service to the public that is used by another person to violate this section unless the entity:

(1) Conspires with another person to violate this section; or
(2) Intentionally aids and abets another person in the violation of this section.

(e) This section shall not be asserted as a means to avoid compliance with an otherwise valid request for records pursuant to the Freedom of Information Act, § 25-19-101 et seq.

(f) The Attorney General may:

(1) Bring suit against any person for violating the provisions of this section;
(2) Collect civil penalties of up to two hundred fifty dollars ($250) per violation along with attorney's fees and costs incurred in the investigation and prosecution of the matter; and
(3) Seek appropriate injunctive relief.


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