The National
Council of Investigation and Security Services
has provided this update for our colleagues
about legislation that would restrict the sale
of Social Security numbers. There has been
action in both the House and Senate on different
bills that may ultimately be reconciled to
determine who may access “personal data” of
individuals. The legislative situation is
complex largely because many Congressional
committees have an interest in privacy issues
and can claim jurisdiction.
Senate
Earlier this year the Senate Committee on
Commerce, Science and Transportation passed
S-1178, the “Identity Theft Prevention Act,” a
bill intended to stop data breaches. An
amendment was adopted by the committee that
limits many uses of Social Security numbers.
However, the amendment included several
exceptions, including the following that was
supported by NCISS:
“….a social security account number may be sold,
provided, displayed, or obtained by any person —
to the extent necessary to identify or locate
missing or abducted children, witnesses to an
ongoing or potential civil or criminal law suit,
criminals, criminal suspects, parties to
lawsuits, parents delinquent in child support
payments, organ and bone marrow donors, pension
fund beneficiaries, missing heirs, and for
similar legal, medical, or family related
purposes, if the person selling, providing,
displaying, or obtaining the social security
account number does not do so for marketing
purposes”
The Senate Judiciary Committee also has passed a
“data breach” bill, S-495, the “Personal Data
Privacy and Security Act of 2007’’. That bill
did not include a specific provision relating to
Social Security numbers. Additionally, before
the whole Senate considers either S-495 or
S-1178, other committees may pass their own
versions of privacy legislation, including the
Senate Banking Committee. NCISS must continue to
be vigilant to see that whatever bill goes to
the floor that includes Social Security number
restrictions contains appropriate exceptions.
House
Recently, the House Ways and Means Committee
passed HR 3046, the “Social Security Number
Privacy and Identity Theft Protection Act”. The
bill would effectively ban the sale and display
of SSN’s. The bill did not address credit
headers. Despite concerns expressed by
investigators, credit bureaus, the financial
industry and others there were few exceptions
included in the bill. NCISS submitted written
testimony urging exceptions similar to those
that were adopted in S-1178.
Chairman Rep. Charlie Rangel (D-NY) and Social
Security Subcommittee leaders Rep. Tom McNulty
(D-NY) and Rep. Sam Johnson (R-TX) all said that
they had been approached for additional
exceptions and had decided to leave that to the
regulators. That is the same position taken by
Rep. Ed Markey (D-MA) when his bill, HR 948, was
before the Energy and Commerce Committee. That
bill also does not include relevant exceptions.
As in the Senate, the legislative situation is
complicated. The Energy and Commerce Committee
passed HR 948 separately. It is now up to the
leadership of the House to decide what bill will
go to the House floor for a vote or if the two
bills will be reconciled before they go to the
floor. It is our understanding that Speaker of
the House Nancy Pelosi (D-CA) wants a SSN bill
to pass the House as soon as possible. It could
conceivably occur before Congress takes a recess
in August.
The NCISS legislative team, along with our
retained Washington government relations
representative, Larry Sabbath, may be calling
upon you individually to assist in this critical
battle as strategies are developed. In the
meantime, both the House and Senate are
scheduled to leave Washington for the month of
August. We urge you to try to see your members
of Congress while they are home during the
“recess” to ask them to support exceptions to
any of this legislation. We would like them to
advise the House and Senate leaders of how
critical this issue is for the judicial system.
Thank you for your anticipated help and
continuing support.
Bruce Hulme, Legislative Director
For the NCISS Legislative Committee
Email: specialinvestigations@worldnet.att.net
For additional information about the National
Council of Investigation and Security Services
contact Carolyn Ward, Executive Director
Email: nciss@comcast.net
PERMISSION TO RE-POST IS GRANTED
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