20 C.F.R. § 401.115

Disclosure of personal information in program records without the consent of the subject of the record

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This section describes how various laws control the disclosure of personal information that we keep. We disclose information in the program records only when a legitimate need exists. For example, we disclose information to officers and employees of SSA who have a need for the record in the performance of their duties. We also must consider the laws identified below in the respective order when we disclose program information:

(a) Some laws require us to disclose information (§ 401.120); some laws require us to withhold information (§ 401.125). These laws control whenever they apply.

(b) If no law of this type applies in a given case, then we must look to FOIA principles. See § 401.130.

(c) When FOIA principles do not require disclosure, we may disclose information if both the Privacy Act and section 1106 of the Social Security Act permit the disclosure.

[62 FR 4143, Jan. 29, 1997, as amended at 72 FR 20940, Apr. 27, 2007]

Notes of Decisions

Cited in 2 cases, 2020–2020 · leading case: Brenda Mitze v. Andrew Saul, 968 F.3d 689 (7th Cir. 2020).

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Brenda Mitze v. Andrew Saul, 968 F.3d 689 (7th Cir. 2020). “2(a), (c); see also 20 C.F.R. § 401.115 (describing Social Security Administration guide- lines for disclosing private information).”

Brenda Mitze v. Andrew Saul (7th Cir. 2020). “2(a), (c); see also 20 C.F.R. § 401.115 (describing Social Security Administration guide- lines for disclosing private information).”

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