New York Social Security Number Protection Law

The following is not meant to be legal advice.

The New York Social Security Number Protection Law became effective January 1, 2008. The law applies to all nongovernmental bodies, including individuals, corporations. The law restricts the use of social security numbers in order to maintain their confidentiality. The law appears more strict than other state laws protecting social security numbers, such as California. In most states, it is allowed to have records containing part of the social security number, such as the last four digits, but in New York, the law seems to limit even the use of partial digits.

The New York law makes it illegal to intentionally communicate a social security number to the general public. This provision seems similar to the laws of other states such as California and Pennsylvania.

The New York law prohibits making the access of services, benefits, or products contingent on the use of access cards or tags printed with a social security number. This usually occurs with health-care providers who issue membership cards printed with the cardholder’s social security number.

The New York law prohibits companies from requiring an individual to transmit a social security number over the internet unless the connection is secure or the social security number itself is encrypted.

The New York law does not permit using a social security numbers for authentication purposes. A social security number may not be a required password to access a web site. If a social security number is used, web sites must use at the same time, a unique password, PIN, or similar authentication device in order to establish and authenticate the identity of the user.

The New York law prohibits mailing material printed with an individual’s social security number, except when mandated by federal or state law. Forms or applications, including those used to establish or cancel accounts, may contain a social security number if the number is contained inside a sealed envelope and cannot be viewed unless the envelope is opened. This means mailing labels that contain a partial or entire social security number may not be used.

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