A citizen's Legal Right to withhold disclosure of SSN

Any citizen has the legal right NOT to disclose a SSN on any application or form.

Federal Law provides that it is a crime to violate the Rights of a citizen under the "color of law" and the trespassing party can be arrested for this crime/demand. A individual may complain to the agency and cite the Privacy Act of 1974. You can also contact a Congressional representative and U.S. Senators with your complaint. Although, there appears to be no penalties when a government agency fails to provide a disclosure statement, a trespassing party can be held personally liable for any civil damages.

Federal Law, Section 7 of Public Law 93-579 (Privacy Act of 1974) provides that: "It shall be unlawful fo any Federal, State or local government agency to deny to any indiviual any right, benefit, or privilege provided by law because of such individuals refusal to disclose his social security number." Federal courts have ruled the Privacy Act applies equally to the private sector. Unless (A) any disclosure which is required by Federal statute, or (B) the disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual. If so. you should request to see a "disclosure" statement.

Giving a Social Security Number is voluntary even when you are asked for the number directly. If requested, you should ask the following which should be in a disclosure:

  • Why the number is needed;
  • How the number will be used;
  • What happens if you refuse; and
  • What law requires you to give the number.
  • You may provide anyone who asks for a number with a legal statement, releasing them from any penalty that may result from not obtaining one(Resonable Cause)

Also note that the Civil Rights Act of 1964 Section 703(a)(1), Title VII, 42 U.S.C. Section 2000e-2(a)(1) makes it unlawful to discriminate against any employee or perspective employee on the bases of his or her religion. (This is in addition to the basic Constitutional First Amendment protection of the free exercise of religion) . Sincerely held religious belief do serve as a valid basis for objecting to requirements for a social security number for employment purposes. A business could be found guilty of discrimination for taking adverse action against an employee or applicant due to their refusal to use or obtain a SSN. See U.S. vs. Minker, 350 US 179; Leahy v. District of Columbia , 833 F2d 1046 and Public Law 99-514 in the discussion of Internal Revenue Code, Section 6109(e), shows that Congress never required religious objectors to begin using Social Security Numbers. Also see Revenue Ruling 85-61, 1985-1 CB355. But lately as of 1999, see Sutton v. Providence, U.S. Court of Appeals, Ninth Circuit, Case Number 99-55050. THE BEAST'S INTENT IS TO CAUSETH ALL TO RECEIVE A MARK. Although Internal Revenue Code, Section 6109(a)(3) requires government domiciled employers to REQUEST the "identifying number as may be prescribed for securing proper identification of such other person". In all cases in the entire history of Social Security Numbers, there have only been six people who have been told by a Court to get a number, ALL of those cases involve people who were partaking in welfare. No court has ever required a worker to get a Social Security Number, not even a federal worker.

  • Bowen v. Roy 106 SCt 2147, 476 US 693 (the only Supreme Court case)
  • Callahan v. Woods 479 FSupp 621 (reversed by 658 F2d 679)
  • Chambers v. Klein 419 FSupp 569
  • McElrath v. Califano 615 F2d 434
  • Doe v. Sharp 491 FSupp 346
  • Green v. Philbrook 576 F 440, (reversing 427 FSupp 834)

There is no law requiring an individual to obtain or use a social security number to live or work in this land and it is illegal for an employer to discriminate against you if you do not have or use one. The EEOC may sue an employer on your behalf or they may not, if your right to work has been violated due to your religious beliefs (such as not having nor using a Social Security Number), and these religious beliefs are protected by the constitution. Today it seems more that likely NOT, so it is on 'the people', if there are any left or the people of God's shoulders. Any so called requirement or demand to provide a Social Security Number is in violation of one or more of the following laws:

  • 4 CFR 83.9
  • 5 U.S.C. Sec. 552a
  • 7 CFR 1.123
  • 7 U.S.C. Sec. 2204g
  • 14 CFR 1212.604
  • 17 CFR 249.501a
  • 19 CFR 118.11
  • 19 CFR 122.25
  • 19 CFR 24.5
  • 24 CFR 5.212
  • 28 CFR 16.53
  • 28 CFR 513.31
  • 28 CFR 700.25
  • 29 CFR 70a.10
  • 29 CFR 71.12
  • 31 CFR 1.32
  • 31 CFR 501.806
  • 32 CFR 270.19
  • 32 CFR 310.20
  • 32 CFR 311.5
  • 32 CFR 316.6
  • 32 CFR 317.20
  • 32 CFR 323.5
  • 32 CFR 505.2
  • 32 CFR 701.108
  • 32 CFR 806b.9
  • 38 CFR 1.575
  • 38 CFR 3.216
  • 38 U.S.C. Sec 5101
  • 39 CFR 266.4
  • 45 CFR Part 801
  • 47 CFR 0.554
  • 49 CFR 10.29

15 U.S.C. Section 1681(k) defines Name and Address as unique, and is sufficient identification, complete and necessary. This combined with an established Date of Birth can be used for any background check of public records.

42 U.S.C. Section 408 provides that: "Whoever....(8) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United Statesl shall be guilty of a felony and upon conviction therof shall be fined under title 18 or imprisioned for not more than five years or both."

18 U.S.C. Section 242 and 42 U.S.C. Section 1983 privides that: "Whoever, under color of any law, statue, ordinance, regulation, or custom, willfully subjects any person in any State, Territtory, or Disctrict to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States,....shall be fined under this title or imprisioned not more than one year, or both;" 42 U.S.C. Section 1983 furthur provides that: a violator "shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress."

Research perfomed from 'without the United States'. [ 28 U.S. Code Sec. 1746 ]




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