Protecting Americans’ Social Security Data Act

Protecting Americans’ Social Security Data Act

This bill prohibits political appointees and special government employees from accessing Social Security data systems that contain personally identifiable information about Social Security beneficiaries.

Specifically, political appointees and special government employees may not access systems maintained by the Social Security Administration (SSA) that issue or record Social Security account numbers, that are used to determine eligibility for or to pay Social Security benefits, or that otherwise contain personally identifiable information about individuals receiving or applying for benefits.

The bill also establishes a civil right of action for an individual whose information was negligently accessed or disclosed in violation of these provisions. The individual may bring suit against the United States if the violator was a U.S. employee or officer, or against the violator if they were not a U.S. employee or officer. Such a claim must be brought within two years of the affected individual’s discovery of the violation. Upon a finding of liability, defendants are liable for specified monetary damages.

If an individual is criminally charged or subject to proposed disciplinary or adverse action by a federal or state agency for having accessed or disclosed information in violation of these provisions, SSA must notify the individual whose information was accessed or disclosed of the violation as soon as practicable.

Finally, the bill requires the SSA Office of the Inspector General to investigate and report to Congress on any unauthorized access to or disclosure of information in a beneficiary data system.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov