social security number

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When Social Security Numbers were initially issued in 1936 as part of the New Deal Social Security program, few could foresee that this nine digit number would evolve beyond its limited purpose to become a universal identifier replete with privacy and identity theft implications. More and more, government agencies and private entities have required the disclosure of individuals SSNs to extend their services. While the Privacy Act of 1974 largely addressed the collection and dissemination of SSNs by and among federal government agencies, state law has governed such uses by private entities. This month Governor Andrew Cuomo signed legislation A.8992 to strengthen protection of SSNs by limiting the instances where persons and businesses are allowed to require New Yorkers to provide their SSNs or numbers derived from them. (This is in addition to New York’s SSN confidentiality statute, N.Y. Gen. Bus. Law § 399-dd*4, which is similar to laws in many states.)

Where the only harm alleged is mere “speculation as to a possible risk of injury,” a claim cannot survive a 12(b)(6) motion to dismiss, according to a District of Connecticut decision issued on August 31, 2009. McLoughlin v. People’s United Bank, Inc., and Bank of New York Mellon, Inc., No. 3:08-cv-00944-VLB (D. Conn. Aug. 31, 2009), thus follows a long and growing line of cases which simply hold that where there is no actual harm, there can be no case.
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Today is Data Privacy Day and we bring you a special post regarding E-Verify from guest contributors Lawrence Lorber, Malcolm Harkins, and James Segroves, of Proskauer’s DC office, and David Grunblatt of Proskauer’s Newark office. Enforcement of a controversial federal regulation that raised significant privacy concerns has been postponed once again as the result of a legal challenge filed by Proskauer on behalf of the Chamber of Commerce of the United States of America and four other trade associations. See Chamber of Commerce of the U.S. v. Napolitano, Civil Action No. AW-08-3444 (D. Md.). The regulation in question would have required most government contractors and subcontractors to participate in E-Verify, an Internet-based system that allows employers to verify that individuals are eligible to work in the United States using an employee’s Social Security Number and other personal information. Pursuant to a January 27, 2009 agreement between the parties, enforcement of the regulation has been postponed until May 21, 2009, in order to give the recently inaugurated Administration of President Barack Obama an opportunity to review the regulation. A notice to this effect is scheduled to be published in the Federal Register on January 30, 2009.
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