People don't always recognize my face, so whenever I go out, I carry my card....
Contrary to what you are probably thinking, I am not referencing a credit card as the old television commercial associated with the above statement referenced. Instead I am talking about my Social Security card. This card is much more important to you, and could do you more good, or harm, than any or all of your personal credit cards.
Credit cards can only serve you in four ways:
1. Let you obtain material stuff;
2. Get you a good, or bad, credit rating;
3. Get you in debt;
4. Allow you to get more credit cards.
However, the Social Security Account Number (SSAN) that is printed on your social security card is involved in almost every aspect of your life, including your financial relationships with your credit cards. Therefore, you must protect your SSAN better than you protect your credit cards.
(Author's Disclaimer: Contrary to the implication above, it is recommended that one not carry your social security card with you in case of loss, but to secure the card in a safe location to help prevent Identity Theft)
Where this introducion leads is a frank discussion on the Freedom of Information Act (FOIA) of 1966, with a special focus on one of its supplements - The Privacy Act of 1974. The relevance of theser two Acts upon the day-to-day operations of the business and private sectors is phenominal. At stake are volumes of data on virtually every person, business, organization, and activity under the governing powers of the United States Government.
But, of what importance or implication is this collected data to me, your every-day average John or Jane Doe? Who cares? Should anyone be concerned?
The answer will be revealed while also stressing concern in the areas of privacy and protection of every citizen's personal interests.
Did you know that the FOIA requires that the records of U.S. Government agencies be made public upon request? The underlying premise that drives the availability of data and for the surging public interest is based upon the simple notion is that the general public purchased this data through their taxes THEREFORE any data held by the U.S. Government actually belongs to the public. These data include all books, papers, computer data, maps, photographs, and all other forms of information media. The Acts exempt, however, nine classes of information related to national security, trade secrets / proprietary data, iivestigations,and other confidental matters such as military intelligence.
As stated in the introduction to the FOIA website ..."The U.S. Freedom of Information Act (FOIA) is a law ensuring public access to U.S. government records. FOIA carries a presumption of disclosure; the burden is on the government - not the public - to substantiate why information may not be released. Upon written request, agencies of the United States government are required to disclose those records, unless they can be lawfully withheld from disclosure under one of nine specific exemptions in the FOIA. This right of access is ultimately enforceable in federal court.
While discussing the Freedom of Information Act of 1966 and the Privacy Act of 1974 it is important to keep their individual objectives in perspective:
1. Information is collected and saved by countless Federal agencies on EVERYONE in the USA;
2. Anyone subject to the above can request and obtain copies of the information collected;
3. One can request corrections made on erroneous information;
4. One should exercise his / her rights to review this information on themselves or on other subjects.
Uncle Sam collects data from a myriad of sources, far too many to realistically list here but below is a sampling of methods / transactions employed by Uncle to:
a. obtain data on an individuals or organizations;
b. provide the impetus to collect data on its citizens.
purchase an airline ticket travel abroad register for the draft file income tax employment special backgorund investigation marriage license traffic violation call 911 federal aid for college tuition passport military service birth certificate finger printed criminal investigation register automobile drivers license obtain insurance pilot license FCC license purchase or register a fire arm collect unemployment file a police report purchase a house own a business file for bankruptcy register to vote respond to census win lottery apply for a social security card attend public school obtain a professional license green card
One should be in awe as to the tremndous amounts of data existing within the government entities, and even though there are laws and protocols directing the collection, application, and protection of this information, one must still occasionally question ...
"who's minding the store?"
Just how much control do individuals have over the jurisdiction regarding the information kept on them? Well, a simple test is to ask yourself...
"How often has Uncle Sam requested my permission to acquire or release data pertaining to me?"
Outside of our responding to the Census Bureau every ten years or with the annual ritual of filing 1040 forms, our government is pretty much left to its own accord to obtain and to interpret your personal data.
Please note this emphasis: Your SSAN is private / confidental information that sould not be freely requested or disclosed without legal justification from the requesting party.
DO NOT PROVIDE YOUR SSAN JUST BECAUSE SOMEONE ASKS FOR IT!
By law, one of the options Uncle Sam has in acquiring or releasing information on you is to ask for your approval - yes, to get your permission! Again, you may ask the obvious... "How often have you seen this happen?"
Federal agencies are required to provide individuals with any information in files related on them and to provide a means to amend any errors. Any agency withholding information (with exceptions) may be sued to show cause explaining why requested information is not disclosed.
Now, some may be slightly confused understanding the differences between the Freedom of Information Act of 1966 and the Privacy Act of 1974. Basically their differences are based upon the specificity of the data itself. To simplify, the Privacy Act concerns specific, detailed information on individuals whereas the FOIA covers just about everyting else. Remember three points:
1. The Privacy Act can only be used by the individual to obtain information colected on that individual;
2. Under the Privacy Act one must be explicit in defining the the data requested;
3. All else, reference the Freedom of Information Act.
To obtain any information, simply(?) ask for it from the appropriate agency! Under Title 5, United States Code Service, every Federal agency must ... "establish procedures whereby an individual can be notified n response to his request of any system of records named by the individual which contains a record pertaining to him...." That's clear as mud, right?
If all goes well and you are satisfied with both the contents and with the access to your information from any particular agency, then all is well and done. However, should a disparity exist with either, you have a right to initiate a "suit for cause"! Yes, one can sue Uncle Sam! The Privacy Act states ..."[the agency] ... is subject to civil suit for any damages which occur as a result of willful or intentional action which violates any individual's rights under this Act."
Two of these referenced rights are (1) access to the data, and (2) ability to amend erroneous data.
In closing, and certainly after learning that your government probably knows more about you than your own mother and probably better than you know about yourself in many aspects; and after learning how you can access your information, there remains just one objective - to encourage you to to exercise your rights under these two Acts. For example, regarding your Social Security benefits, are you willing to gamble on your future financial security by waiting until you retire before discovering what benefits Uncle Sam has, or has not, in store for you? Why not "drop-a-line" to the Internal Revenue Service, say "hello" and introduce yourself, and ask to review the information they have on you ... and then continue on a regular basis to "keep in touch".
It's the next best thing to being there!!
