Disclosure of SSN

[Elaine Marshall <elaine_marshall@qmgate.fnal.gov>]

REGARDING                Disclosure of SSN

I have an individual associated with my facility who has refused to provide his SSN for dosimetry records citing the Privacy Act as his reason -- "Section 7 of Pub L. 93-579 (a)(1) It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security number."  He also has stated that by denying him dosimetry service, I am in violation of the law.  I countered his argument with section (a)(2)(B) which states "the disclosure of a social security number to any Federal, State or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual."  In addition, I provided him with copies of 5 USC 301 and DOE 35 which specifically require the use of SSN in dosimetry records.  The equivalent ones for ERDA do not specify the disclosure of the SSN (ERDA 30 and 10CFR Chapter III, Part 708), but do state that records must be retrievable by name, alphabetically, numerically, alphanumerically, and chronologically.  Now, however, he is arguing that since the Department of Energy was not in existence prior to January 1, 1975 that these regulations do not apply and that since ERDA did not specifically require the use of the SSN, he does not have to provide me with this information.  The question is where do I go from here?  I have already solicited the aid of several individuals within the DOE - FRMI Group.  Has anyone else encountered this problem?  Any leads on where to find documentation on the use of SSN for dosimetry records within ERDA or the AEC?  Thanks for the help.

Elaine Marshall
Fermi National Accelerator Laboratory
P.O. Box 500
Batavia, IL  60510-0500
FAX  (630)840-3390
Phone:  (630)840-8756
email to emarshall@fnal.gov