Confidentiality of Information and Records; Safeguards Against Unauthorized Use

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Enforcement of Duty of Support
  5. Child Support Recovery Act
  6. Confidentiality of Information and Records; Safeguards Against Unauthorized Use

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    1. Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor.
    2. The department shall provide to an attorney representing an obligor, to an attorney representing an obligee, or to a private child support collector, as defined in Code Section 10-1-392, and hired by an obligee and acting pursuant to a power of attorney signed by such obligee, any documents which such obligor or obligee would be entitled to request and receive from the child support enforcement agency.
  2. The department shall establish safeguards against the unauthorized use or disclosure of information relating to:
    1. Proceedings or actions to establish paternity;
    2. Proceedings to establish or enforce support;
    3. The whereabouts of one party to another party against whom a protective order with respect to the former party has been entered; and
    4. The whereabouts of one party to another party if the department has reason to believe that the release of the information may result in physical or emotional harm to the former party.

(Code 1981, §19-11-30, enacted by Ga. L. 1994, p. 1728, § 4; Ga. L. 1997, p. 1613, § 29; Ga. L. 2009, p. 1001, § 5/HB 189; Ga. L. 2017, p. 646, § 1-23/SB 137.)

The 2017 amendment, effective July 1, 2017, in paragraph (a)(2), near the middle, inserted "obligor, to an attorney representing an", added a comma following "obligee", inserted "and"; and inserted "obligor or" and substituted "child support enforcement agency" for "Child Support Enforcement Agency of the department" near the end.

Editor's notes.

- Ga. L. 2009, p. 1001, § 6/HB 189, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall be applicable to all contracts for private collection of child support payments entered into on or after July 1, 2009.

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).


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