Legislation Change Regarding Use of Social Security Numbers
THE CALIFORNIA STATE UNIVERSITY
Office of the Chancellor
401 Golden Shore
Long Beach, CA 90802-4210
(562) 951-4411
Date: February 8, 2005
To: CSU Presidents
From: Jackie R. McClain
Vice Chancellor
Human Resources
Christine Helwick
General Counsel
Code: HR 2005-07
Supersedes: HR 2003-23
Subject: Legislation Change Regarding Use of Social Security Numbers
Due to the passage of Assembly Bill (AB) 3016, this policy memorandum has been updated to reflect additional changes to California Civil Code Section 1798.85.
As you know, Senate Bill (SB) 25, passed during the 2003/04 legislative session, amended the Civil Code Section 1798.85 which limited the California State University’s (CSU) use of social security numbers as identifiers for students and employees. SB 25 also provided a “continuous use” exception which allowed the CSU to continue to use an individual’s social security number in a manner inconsistent with the SB 25’s restrictions.’ Assembly Bill (AB) 3016 eliminates this exception effective July 1, 2006. A revised summary of the impact of both bills is provided below:
Effective July 1, 2005, the CSU will be prohibited from:
- Publicly posting or displaying an individual’s social security number.
- Printing an individual’s social security number on any card required for access to
products or services.
- Requiring an individual to transmit his/her social security number over the Internet,
unless the connection is secure or the social security number is encrypted.
- Requiring an individual to use a social security number to access an Internet Web
site, unless a password, unique personal identification number, or other authentication
device is required also.
- Printing an individual's social security number on materials that are mailed (expect
where required by state or federal law). However, social security numbers may still
be included in applications and forms sent by mail to establish, amend or terminate
an account, contract or policy, or to confirm the accuracy of the social security
number. A social security number may not be printed on a postcard or visible on an
envelope.
Exception: If CSU has, before January 1, 2004, continuously used an individual's social security number in a manner inconsistent with the restrictions noted above, the CSU may continue to use the social security number in that manner until July 1, 2006, provided that notice of the right to stop the use is provided annually to the individual, a request to stop the use is honored within 30 days without charge, and no services are denied as a consequence. After July 1, 2006, this exception no longer is available to CSU campuses.
Effective July 1, 2005, the CSU is prohibited from encoding or embedding a social security number in a card or document, including using a bar code, chip, magnetic strip, or any other technology. There is no exception from this prohibition even if this practice began prior to January 1, 2004.
Because the legislation is intended to deter public disclosure of social security numbers, it does not prohibit use of the social security number for internal verification, or administrative purpose, or as otherwise required by law.
1 Refer to HR 2003-23 for specific information on SB 25.
Distribution:
CSU Chancellor
Chancellor’s Office Executives
Vice Presidents, Academic Affairs
Vice Presidents, Administration
Vice Presidents, Student Affairs
Vice Presidents, Information Technology
AVPs/Deans of Faculty Affairs
Human Resources Directors
Payroll Managers
Benefits Officers
CMS/SOSS Director
AB 3016 may be viewed on the Web at: Assembly Bill No. 3016
Questions may be directed to systemwide Human Resources at (562) 951-4411 or your campus counsel, as appropriate. This document is available on Human Resources’ Web site at: CSU Connect
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