Request By:
Mr. J. Russell Crockett
21 Edward Avenue
Florence, Kentucky 41042
Opinion
Opinion By: Steven L. Beshear, Attorney General; Joe Johnson, Assistant Attorney General
In response to your letter to this office dated August 20, 1982, it appears that the Boone Circuit Clerk may lawfully require your Social Security Number in order for you to obtain a driver's license. This does not violate the Federal Privacy Act.
42 U.S.C. § 405(c)(i) and (ii) states as follows:
It is the policy of the United States that any state (or political subdivision thereof) may, in the administration of any tax, general public assistance, driver's license, or motor vehicle registration law within its jurisdiction, utilize the Social Security account numbers issued by the Secretary for the purpose of establishing the identification of individuals affected by such law, and may require any individual who is or appears to be so affected to furnish to such state (or political subdivision thereof) or any agency thereof having administrative responsibility for the law involved, the Social Security account number (or numbers, if he has more than one such number) issued to him by the Secretary. If and to the extent that any provision of Federal law heretofore enacted is inconsistent with the policy set forth in clause (i) by this subparagraph, such provision shall, on or after October 4, 1976, be null and void, and of no effect. (Emphasis added).
The above-quoted amendment was enacted after the date of the Privacy Act (January 1, 1975). This exemption was apparently passed with the intention that a Social Security Number must be furnished the clerk to get a driver's license. The Division of Driver's Licensing will soon make an individual's Social Security Number to be the only means of identification. KRS 186.412(1).
If we can provide any further information, please let us know.