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UC DAVIS: VICE CHANCELLOR -- ADMINISTRATION
December 19, 2003
DEANS, DIRECTORS, DEPARTMENT CHAIRPERSONS AND CAMPUS/UCDMC
ADMINISTRATIVE OFFICERS
Re: Senate Bill 25 (Use of Social Security Numbers)
Senate Bill 25 (concerning personal information and security) has
been signed by the Governor, along with Assembly Bill 763 (which
also amended the underlying law). I have provided below, the key
provisions of the law, as now amended, that may be relevant to you.
You may access the chaptered versions of these bills, online at:
SB 25:
http://www.leginfo.ca.gov/pub/bill/sen/sb_0001-0050/sb_25_bill_20031012_cha
ptered.html
AB 763:
http://www.leginfo.ca.gov/pub/bill/asm/ab_0751-0800/ab_763_bill_20030925_ch
aptered.html
Unless otherwise indicated, below, the University must comply with
the law effective January 1, 2004.
Civil Code Section 1798.85
Subdivision (a): Except as otherwise provided, a person or entity
may not do any of the following:
(1) Publicly post or publicly display in any manner an individual's
social security number. "Publicly post" or "publicly display" means
to intentionally communicate or otherwise make available to the
general public.
(2) Print an individual's social security number on any card required
for the individual to access products or services provided by the
person or entity.
(3) Require an individual to transmit his or her social security
number over the Internet, unless the connection is secure or the
social security number is encrypted.
(4) Require an individual to use his or her social security number
to access an Internet Web site, unless a password or unique personal
identification number or other authentication device is also required
to access the Internet Web site. (Effective January 1, 2005)
(5) Print an individual's social security number on any materials
that are mailed to the individual, unless state or federal law
requires the social security number to be on the document to be
mailed. Notwithstanding this paragraph, social security numbers may
be included in applications and forms sent by mail, including
documents sent as part of an application or enrollment process, or
to establish, amend or terminate an account, contract or policy, or
to confirm the accuracy of the social security number. A social
security number that is permitted to be mailed under this section may
not be printed, in whole or in part, on a postcard or other mailer
not requiring an envelope, or visible on the envelope or without the
envelope having been opened. (Effective January 1, 2005)
(b) . . . a state or local agency that has used, prior to January 1,
2004, an individual's social security number in a manner inconsistent
with subdivision (a), may continue using that individual's social
security number in that manner on or after January 1, 2004, if all
of the following conditions are met:
(1) The use of the social security number is continuous. If the use
is stopped for any reason, subdivision (a) shall apply.
(2) The individual is provided an annual disclosure that informs the
individual that he or she has the right to stop the use of his or her
social security number in a manner prohibited by subdivision (a).
(3) A written request by an individual to stop the use of his or her
social security number in a manner prohibited by subdivision (a) is
implemented within 30 days of the receipt of the request. There may
not be a fee or charge for implementing the request.
(4) The person or entity does not deny services to an individual
because the individual makes a written request pursuant to this
subdivision.
(c) This section does not prevent the collection, use, or release of
a social security number as required by state or federal law or the
use of a social security number for internal verification or
administrative purposes.
(g) A person or entity may not encode or embed a social security
number in or on a card or document, including, but not limited to,
using a bar code, chip, magnetic strip, or other technology, in
place of removing the social security number, as required by this
section.
Please take the time to familiarize yourself with these important,
new provisions of the law. If you have any questions pertaining to
these new requirements, please contact Steve Drown or Deborah Allison
in the Office of the Campus Counsel.
Stan Nosek
Vice Chancellor -- Administration
03-148
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