Yes, she probably is. In 1974 Congress enacted Public Law 93-759, "the federal Privacy Act of 1974", (codified as 5 U.S.C. 552a) which placed severe limitations on the use which can be made of social security numbers by state and local governmental agencies. Specifically, the Act specified that no governmental agency could deny to any individual any right, benefit or privilege provided by law because of the individual's refusal to disclose his or her social security number.
Yes,if the disclosure requirement is imposed under a law or regulation which existed prior to the effective date of the Act, (1 January 1975) the requirement is legal. This would include motor vehicle (DMV) records and payroll records (for purposes of deducting social security benefits and for other tax deductions). Also exempted are disclosures required under federal law, e.g. for obtaining federal financial aid.
Not as long as we make it clear that disclosure is voluntary and that refusal to give the social security number will not result in denial of admission or other benefits. It is also required by the Act to tell the student what use we are going to make of the social security number.
We can generate a "dummy" number, i.e. a random number, to use instead of the social security number.This number is for internal identification use only and cannot be used for payroll purposes, checking or savings accounts, loans, or driver's licenses.
This is not a good idea for a number of reasons, especially in the case of small classes where other students may be able to figure out who is who. In addition to the federal Privacy Act, The Federal Educational Rights and Privacy Act (FERPA), also known as "the Buckley Amendment," specifically states that social security numbers are considered to be "personally identifiable information" that may not be released without written consent from the student. 34 C.F.R. 99.3 The consent a student gives to disclose the number to you is not the same as consent for you to disclose it to others.
In a publication entitled "Guidelines for Post secondary Institutions for Implementation of the Family Educational Rights and Privacy Act of 1974 as Amended," (1995), the American Association of Collegiate Registrars and Admissions Officers (AACRAO) has this to say:
"The public posting of grades either by student's name, institutional student identification number, or social security number, without the student's written permission is a violation of FERPA. Even with names obscured, numeric student identifier numbers are considered personally identifiable information. Therefore, the practice of posting grades by social security number or student identification number violates FERPA.
Instructors and others who post grades should use a system that ensures FERPA requirements are met. This can be accomplished either by obtaining the student's uncoerced written permission to do so or by using code words or randomly assigned numbers that only the instructor and individual student know. The order of posting should not be alphabetic."
Another method which can be used to notify students of their final or other grades by faculty prior to official institutional notification is to have any interested students provide a self-addressed and stamped envelope. The instructor can then mail the grade to the student.
There are several.
First, the student may bring a civil action against you in federal court. See, e.g., Krebs v. Rutgers, 797 F.Supp. 1246 (D. N.J. 1992)(Students successfully sued Rutgers and Rutgers' president for dissemination of class rosters with student social security number's to faculty and students).
Second, violation of the federal Privacy Act with respect to unauthorized use of social security numbers is a federal felony punishable by up to 5 years in prison and a fine of up to $5,000.
Third, the U.S. Department of Education can revoke all of the University's federal funding (including the authority to award federal student loans and other financial aid).
Section 7 of Pub.L. 93-579 provided that:
(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 account number.
(2) the [The] provisions of paragraph (1) f this subsection shall not apply with respect to--
(A) any disclosure which is required by Federal statute, or
(B) 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.
(b) Any Federal, State, or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.
