BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Martha M. Escutia, Chair
2003-2004 Regular Session
AB 46 A
Assembly Member Simitian B
As Amended July 8, 2003
Hearing Date: August 19, 2003 4
Civil Code 6
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SUBJECT
Colleges and Universities: Use of Social Security Numbers
DESCRIPTION
This bill would prohibit any private or public university
from using a student's social security number for
identification in a manner that is available to the public
or to an unauthorized third party. The bill would exempt
from this prohibition disclosures or uses of social
security numbers authorized under the federal Family
Educational Rights and Privacy Act (FERPA).
BACKGROUND
Recent press accounts suggest that universities' practice
of using social security numbers as identification numbers
for students have caused some students to be victims of
identity theft. This bill, as well as SB 25 (Bowen), seek
to address this problem by restricting the sharing and use
of social security numbers by educational institutions.
CHANGES TO EXISTING LAW
Existing law prohibits private entities and individuals
from making social security numbers public. Existing law
also prohibits those entities and individuals from using
social security numbers as passwords or identification card
numbers for new accounts. [Civil Code Sec. 1798.85.]
Existing federal law , the Family Educational Rights and
(more)
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Privacy Act (FERPA), provides that federal funds shall not
be made available to any educational institution which has
"a policy or practice of releasing, or providing access to"
a student's social security number. Exceptions to this
rule include: 1) when a student over the age of 18 has
consented (or, if the student is not 18, with the parents'
consent), 2) to other schools for certain educational
purposes, 3) for financial aid purposes, or 4) in response
to subpoenas, court orders, or requests by certain
government agencies.
This bill would provide that a public or private university
or college in the state may not use a student's social
security number for identification in a manner that is
available to the public or an unauthorized third party.
This bill would exempt the following uses from the general
prohibition: 1) for purposes of internal verification or
nonpublic administrative purposes, 2) communications with a
third party who is authorized by the student to receive the
social security number, 3) as permitted under FERPA, and 4)
as required by state or federal law.
COMMENT
1. Need for the bill
The author's office writes that:
Identity theft is among the fastest growing crimes
in America. The frequent and public use of social
security numbers makes them particularly
vulnerable to theft. Restricting the public
display of social security numbers, which are key
financial identifiers, is an important component
in protecting students from identity theft.
Assembly Bill 46 prohibits California colleges
from using social security numbers as public
identifying numbers . . . . Under the bill, social
security numbers may be used for designated
administrative purposes including internal
verification, communication with an authorized
third party, and as required by state or federal
law.
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2. Bill essentially codifies existing law
Existing federal law already prohibits any institution of
higher education that receives federal funds from sharing
or releasing a student's social security number, except
in certain specified situations. These exceptions
include: 1) with the consent of the student (if over 18)
or the student's parents (if under 18), 2) to other
schools for certain educational purposes, 3) for
financial aid purposes, or 4) in response to subpoenas,
court orders, or requests by certain government agencies.
This bill mirrors the federal law, providing that
permissible uses under federal law are also permissible
under state law.
As a result, assuming that universities are complying
with federal law, the bill does not appear to
significantly restrict their existing practices.
Specifically, Committee staff is informed that the public
universities believe that the use of social security
numbers on some ID cards is permitted under federal law
because it does not involve a "release" of a social
security number and because the student has implicitly
consented to the use of the number. If this
interpretation is correct, then this bill might not
prevent what press accounts suggest is one of the most
significant problems with respect to colleges' use of
social security numbers - the printing of those numbers
on ID cards.
In addition, existing state law already prohibits the
public use of social security numbers by private
universities, including the use of social security
numbers on ID cards [Civil Code Sec. 1798.95]. By
including private universities in the bill, and by
exempting uses permitted under federal law, this bill
might actually loosen the restrictions on private
universities and permit them to use social security
numbers on ID cards.
WOULD THE BILL RESULT IN ANY ADDITIONAL PROTECTIONS FOR
STUDENTS?
3. The Committee has already passed another bill on the
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same subject
Earlier this year, the Committee passed SB 25 (Bowen),
which addresses the same issue as this bill. SB 25 would
subject state and local agencies, including the state's
public higher education institutions, to the same
restrictions that currently exist in state law for
private entities. Those provisions in state law are more
restrictive than federal law in that they specifically
state that social security numbers may not be printed on
ID cards or printed on mailers, two practices which are
probably permitted under federal law. As a result, SB 25
addresses practices which are not addressed by this bill.
SHOULD THE COMMITTEE PASS A BILL WHICH PROVIDES FEWER
PROTECTIONS THAN A BILL ALREADY APPROVED BY THE SENATE?
Support: California State University; Board of Governors
of the California
Community Colleges
Opposition: None Known
HISTORY
Source: Author
Related Pending Legislation: SB 25 (Bowen) would extend
existing restrictions on the use of
social security numbers by private
entities to all public entities. The
bill is awaiting a hearing in the
Assembly Appropriations Cmte. If
this bill and SB 25 were both to be
chaptered, their provisions would
conflict in several respects.
AB 763 (Liu) would clarify that the
existing restriction on printing
social security numbers of mailers
also prohibits the mailing of a
social security number in a manner
that makes it visible.
Prior Legislation: None Known
AB 46 (Simitian)
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Prior Vote: Assembly Public Safety Cmte. (5-2); Assembly
Appropriations Cmte. (17-6); Assembly Floor
(51-29); Senate Education Cmte. (12-0)
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