Protection From Disclosure of an Individual's Social Security Number

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Selling and Other Trade Practices
  5. Deceptive or Unfair Practices
  6. Fair Business Practices Act
  7. Protection From Disclosure of an Individual's Social Security Number

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  1. Except as otherwise provided in this Code section, a person, firm, or corporation shall not:
    1. Publicly post or publicly display in any manner an individual's social security number. As used in this Code section, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public;
    2. Require an individual to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted; or
    3. Require an individual to use his or her social security number to access an Internet website, unless a password or unique personal identification number or other authentication device is also required to access the Internet website.
  2. This Code section shall not apply to:
    1. The collection, release, or use of an individual's social security number as required by state or federal law;
    2. The inclusion of an individual's social security number in an application, form, or document sent by mail, electronically transmitted, or transmitted by facsimile:
      1. As part of an application or enrollment process;
      2. To establish, amend, or terminate an account, contract, or policy; or
      3. To confirm the accuracy of the individual's social security number;
    3. The use of an individual's social security number for internal verification or administrative purposes; or
    4. An interactive computer service provider's or a telecommunications provider's transmission or routing of, or intermediate temporary storage or caching of, an individual's social security number.
  3. This Code section shall not impose a duty on an interactive computer service provider or a telecommunications provider actively to monitor its service or to affirmatively seek evidence of the transmission of social security numbers on its service.
  4. Notwithstanding the provisions of this Code section, the clerks of superior court of this state and the Georgia Superior Court Clerks' Cooperative Authority shall be held harmless for filing, publicly posting, or publicly displaying any document containing an individual's social security number that the clerk is otherwise required by law to file, publicly post, or publicly display for public inspection.

(Code 1981, §10-1-393.8, enacted by Ga. L. 2006, p. 486, § 1/SB 588; Ga. L. 2015, p. 1088, § 2/SB 148.)

Editor's notes.

- Ga. L. 2015, p. 1088, § 2/SB 148, effective July 1, 2015, reenacted this Code section without change.

JUDICIAL DECISIONS

Tort action for wrongful disclosure of private information dismissed for failure to state cause of action.

- Dismissal of the plaintiff's cause of action against a state agency for disclosure of private information in violation of the Georgia Personal Identity Protection Act (GPIPA), O.C.G.A. § 10-1-910 et seq., was affirmed for failure to state a claim because the GPIPA did not impose any standard of conduct in implementing and maintaining data security practices; thus, it could not serve as the source of a statutory duty to safeguard personal information. McConnell v. Department of Labor, 337 Ga. App. 457, 787 S.E.2d 794 (2016).


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