A. Except as otherwise specifically provided by law, a person shall not:
1. Intentionally communicate another individual's social security number to the general public;
2. Print an individual's social security number on any card required for the individual to access or receive products or services provided by the person;
3. Require an individual to use his social security number to access an Internet website, unless a password, unique personal identification number or other authentication device is also required to access the site; or
4. Send or cause to be sent or delivered any letter, envelope, or package that displays a social security number on the face of the mailing envelope or package, or from which a social security number is visible, whether on the outside or inside of the mailing envelope or package.
B. This section does not prohibit the collection, use, or release of a social security number as permitted by the laws of the Commonwealth or the United States, or the use of a social security number for internal verification or administrative purposes unless such use is prohibited by a state or federal statute, rule, or regulation.
C. In the case of any (i) health care provider as defined in § 8.01-581.1, (ii) manager of a pharmacy benefit plan, (iii) insurer as defined in § 38.2-100, (iv) corporation providing a health services plan, (v) health maintenance organization providing a health care plan for health care services, or (vi) contractor of any such person, the prohibition contained in subdivision 2 of subsection A shall become effective on January 1, 2006.
D. This section shall not apply to public bodies as defined in § 2.2-3701.
E. No person shall embed an encrypted or unencrypted 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.
2005, c. 640; 2008, cc. 562, 820.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2009–2022 · leading case:
Ostergren v. McDonnell, 643 F. Supp. 2d 758 (E.D. Va. 2009).
Ostergren v. McDonnell, 643 F. Supp. 2d 758 (E.D. Va. 2009).
· cites it 23× “Assessment of the Factors Governing the Scope of the Injunction Without doubt, Va.Code § 59.1-443.2 violates Ostergren’s rights under the First Amendment.”
Ostergren v. Cuccinelli, 615 F.3d 263 (4th Cir. 2010).
· cites it 5× “Code § 59.1-443.2 against any iteration of Oster- gren’s website, now or in the future, that simply republishes publicly obtainable documents contain- ing unredacted SSNs of Virginia legislators, Virginia Executive Officers or Clerks of Court as part as [sic] an effort to reform…”
Maple v. Colonial Orthopaedics, Inc. (In Re Maple), 434 B.R. 363 (Bankr. E.D. Va. 2010).
· cites it 6× “” Va.Code Ann. § 59.1-443.2(A)(1) (2010). The Virginia General Assembly provided that this section of the VPIPA is enforceable through the provisions of the Virginia Consumer Protection Act (the “VCPA”).”
Briggman v. Martin, No. 5:21-cv-00074 (W.D. Va. Apr. 22, 2022).
· cites it 3× “2010), which held that a prosecution for violating Virginia Code § 59.1-443.2, which prohibits “intentionally communicating another individual’s social security number to the general public,” violated the plaintiff’s right to political expression under the First Amendment, as…”
Ostergren v. Cuccinelli, No. 09-1723 (4th Cir. Aug. 2, 2010).
· cites it 3× “Code § 59.1-443.2 against any iteration of Oster- gren’s website, now or in the future, that simply republishes publicly obtainable documents contain- ing unredacted SSNs of Virginia legislators, Virginia Executive Officers or Clerks of Court as part as [sic] an effort to reform…”
Va. Code Ann. § 59.1-443.2(A)(1): 2 cases
Maple v. Colonial Orthopaedics, Inc. (In Re Maple), 434 B.R. 363 (Bankr. E.D. Va. 2010).
“” Va.Code Ann. § 59.1-443.2(A)(1) (2010). The Virginia General Assembly provided that this section of the VPIPA is enforceable through the provisions of the Virginia Consumer Protection Act (the “VCPA”).”
Ostergren v. Cuccinelli, 615 F.3d 263 (4th Cir. 2010).
“Code § 59.1-443.2 against any iteration of Oster- gren’s website, now or in the future, that simply republishes publicly obtainable documents contain- ing unredacted SSNs of Virginia legislators, Virginia Executive Officers or Clerks of Court as part as [sic] an effort to reform…”
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