Records, Computers and the Rights of Citizens. Administrative Action

07/01/1973

Many of our recommendations can be implemented by the issuance of regulations or administrative guidelines.

Regulations should be issued:

  • To make applicable all the safeguard requirements for automated personal data systems to all systems within the Department [Ch. IV, pp. 50-64; Ch.V, pp.85-87; Ch. VI, pp. 95-102] .
  • To make applicable all the safeguard requirements for automated personal data systems to all systems that can be reached through grant, contract, or other relations with the Department [Ch. IV, p. 50; Ch. V, p. 86; Ch. VI, p. 96] .
  • To amend the Department's regulation under the Freedom of Information Act to provide that the consent of an individual shall be obtained before disclosing any data about him in identifiable form [Ch. IV, pp. 65-66].

Administrative guidelines should be issued:

  • Establishing procedures for rigorous and thorough evaluation of
(i) any proposal to create or expand any automated personal data system within the Department (Ch. IV, pp. 5152 ] ;
(ii) any proposal to use administrative personal data for statistical reporting or research [Ch. V, pp. 82-86] ; and
(iii) any proposal that would tend to require the creation or expansion of an automated personal data system outside the Department in response to requirements or needs of programs and activities of the Department [Ch. IV, p. 521.
  • Requiring that a regulation, with notice of proposed rule making, be issued by the Department before taking any action that would tend to require a State, locality, or other grantee to create or expand an automated personal data system [Ch. IV, p. 52].
  • Providing for the publication annually of a compilation of the public notices of all automated personal data systems maintained within the Department [Ch. IV, pp. 57-58; Ch. VI, pp. 99-101 ] .
  • Directing the Social Security Administration:
(i) to undertake a positive program to issue Social Security numbers to ninth-grade students in schools, provided (a) that no school system be induced to cooperate in such a program contrary to its preference; and (b) that any person shall have the right to refuse to be issued a Social Security number in connection with such a program [Ch. VIII, 127-1281;
(ii) to undertake no positive program of issuing Social Security numbers to children below the ninth-grade level [Ch. VIII, p. 1281;
(iii) to limit affirmative measures taken to issue Social Security numbers pursuant to subparagraph (B) (i) (II) of Section 205 (c) (2) of the Social Security Act, as amended by Section 137 of Public Law 92-603, to applicants for or recipients of public assistance benefits supported from Federal funds under the Social Security Act [Ch. VIII, pp. 128-130] ;
(iv) to provide SSN services only to organizations or persons required by Federal law to obtain or record the Social Security number, and then only as necessary to fulfill the
(v) to monitor all future legislative proposals dealing with the Social Security number and to recommend actions to be taken by the Secretary to assure that such proposals will be enacted only after full and careful consideration in well advertised hearings that elicit substantial public participation [Ch. VIII, pp. 129-130].