Page:United States Statutes at Large Volume 114 Part 4.djvu/815

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PUBLIC LAW 106-553—APPENDIX B 114 STAT. 2762A-115 (7) Congress should enact legislation that will offer an individual assigned a social security number necessary protection from the display, sale, or purchase of the number in circumstances that might facilitate unlawful conduct or that might otherwise likely result in unfair and deceptive practices. (c)(1) Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following new section: "PROHIBITION OF CERTAIN MISUSES OF THE SOCIAL SECURITY NUMBER "SEC. 1150A. (a) Except as otherwise provided in this section, no person may display or sell to the general public any individual's social security number, or any identifiable derivative of such number, without the affirmatively expressed consent, electronically or in writing, of the individual. "(b) No person may obtain any individual's social security number, or any identifiable derivative of such number, for purposes of locating or identifying an individual with the intent to physically injure, harm, or use the identity of the individual for illegal purposes. "(c) In order for consent to exist under subsection (a), the person displaying, or seeking to display, or selling or attempting to sell, an individual's social security number, or any identifiable derivative of such number, shall— "(1) inform the individual of the general purposes for which the number will be utilized and the types of persons to whom the number may be available; and "(2) obtain affirmatively expressed consent electronically or in writing. "(d) Except as set forth in subsection (b), nothing in this section shall be construed to prohibit or limit the display, sale, or use of a social security number— "(1)(A) permitted, required, or excepted, expressly or by implication, under section 205(c)(2), section 7(a)(2) of the Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), section 6109(d) of the Internal Revenue Code of 1986, the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), title V of the Gramm- Leach-Bhley Act (15 U.S.C. 6801 et seq.), or the Health Insury ance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 1936) or the amendments made by that Act, or (B) in connection with an activity authorized under or pursuant to section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)), whether or not such activity is conducted by or subject to any limitations or requirements applicable to a financial holding company; "(2) by a professional or commercial user who appropriately uses the information in the normal course and scope of their businesses for purposes of retrieval of other information, except that the professional or commercial user may not display or sell the number (or any identifiable derivative of the number) to the general public; "(3) for purposes of law enforcement, including investigation of fraud or as required under subchapter II of chapter 53 of title 31, United States Code, and chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951-1959); or "(4) that may appear in a public record including, but not limited to, proceedings or records of Federal or State courts.