Limits On Use Of Social Security Numbers
In July 2002, a law took effect restricting the display of consumer Social Security numbers (SSNs) by California businesses. Although the law wasn’t targeted at the workplace, it had implications for employers’ use and display of worker SSNs. Now a follow-up law, SB 25, will further limit SSN use in mailings.
The 2002 law bars California businessesfrom printing an individual’s SSN on anythingmailed to that person unless one of the followingexceptions applies: 1) the business isrequired by law to use the SSN, or 2) themailed document is a form or application; isto establish, amend, or terminate an account,contract, or policy; or is to confirm the accuracyof the SSN. (See CEA March 2003 formore details.)
400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out the Guide to Employment Law for California Employers and get up to speed on everything you need to know.
The new legislation, however, provides thateven if an SSN is permitted on a mailed document,you cannot 1) print part of the SSNon a postcard or other mailer not requiringan envelope; or 2) have part of the numbervisible on the envelope or without the envelope’sbeing opened.
For employees hired before July 2002, youcan continue to use their SSN in a way that’sinconsistent with these privacy laws, includingthe new mailing restriction, if your usewas continuous and began before July 2002,you provide an annual notice explaining toemployees they have the right to stop anyprohibited usage, and you stop such usewithin 30 days of receiving a written requestto do so.
The 2002 SSN privacy rules didn’t apply tostate and local agencies. But the new laweliminates this exemption. Thus, all of theexisting provisions and the new mailingrestrictions also apply to public employers asof January 1. However, there are differentphase-in dates for some public entities,including the University of California, theCalifornia community college districts, andthe California State University system.
Expanded Access To Criminal Records
SB 873 authorizes the state Department ofJustice to obtain from the FBI federal criminalhistory information and juvenile arrest informationrequested by an employer in connectionwith an application for employment orvolunteer work that would involve work withminors or other vulnerable people, such asthe elderly or mentally impaired.