Michael O. McCann
September 27, 1995
Page 2

accessible through OIS computers by simply reading the DMV files contained in the OIS files.

We previously opined on this issue on June 26, 1990. We concluded that the federal statute that existed at that time, 42 U.S.C. § 405(c)(2)(C)(i) and (iii) barred the disclosure of Social Security number records to the Division of State Police. We based our conclusion, inter alia, fact that stated purpose for which the State Police intended to use the Social Security records was not for use in accordance with the permissible uses outlined in the statute. We cited 42 U.S.C. § 405 which provided as follows:

(C)(i) It is the policy of the United States that any state (or political subdivision hereof) may, in the administration of any tax, general public assistance, driver's license or motor vehicle registration law within its jurisdiction, utilize the Social Security account numbers issued by the Secretary for the purposes of establishing the identification of the individuals affected by such law, and may require any individual who is or appears to be so affected to furnish such state (or political subdivision thereof) or any agency thereof having administrative responsibility for the law involved, the Social Security account number (or numbers, if he has more than one such number) issued to him by the Secretary. (Emphasis supplied).

Recently, a State statute was enacted allowing disclosure of Social Security numbers by the Division of Motor Vehicles under

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