Newsletters: Local Government Articles

Use of social security numbers to conduct background checks of local government applicants for employment

Legal Insights for Local Governments (Winter 2005)

by Marc Zarlengo

Since the 1960s, the use of social security numbers for identification purposes has become a growing trend among government entities. Social security numbers have also become a popular vehicle for fraud and identity theft. In response to growing concerns regarding the misuse of social security numbers, Congress passed the Privacy Act of 1974 (“Act”) (5 U.S.C. §552A (note)). The Act provides that government entities shall not “deny to any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose his social security number.”

The Act does provide for exceptions that allow government entities to obtain an individual’s social security number. If federal law requires disclosure of a social security number or a state law enacted prior to January 1, 1975 requires disclosure of a social security number, local government entities may request a social security number. In addition, a local government entity may ask for voluntary disclosure of a social security number provided the entity indicates the authority or law under which the request is being made and how the social security number will be used.

In Illinois, local government entities are not required by law to obtain a social security number from employment applicants, nor are local government entities generally required under state law to perform criminal history checks on applicants. The Municipal Code does, however, permit local governments to consider certain criminal violations when considering an individual for employment (see, for example, 65 ILCS 5/10-1-7). To obtain criminal background information on employment applicants, government officials must request a report from the State Police.

State law allows the State Police to determine what information is needed from requesting entities in order to provide a criminal history report. (20 ILCS 2635/5). The State Police provides a form (ISP6-405B) to request non-fingerprint conviction information. The form requests the social security number of the individual for whom the information is being requested. However, the State Police staff has indicated that the request can be processed without an individual’s social security number.

Local governments, nevertheless, may wish to obtain an applicant’s social security number to ensure the criminal history check will be completed in a timely manner. In order to facilitate a criminal history check, local governments may request an applicant’s social security number. The application should explicitly state the purpose(s) of the request for the social security number along with a statement indicating that every effort will be made to ensure that the social security number is used only for that purpose(s). Taking these precautions will ensure compliance with the federal Privacy Act.

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