[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR401.180]

[Page 19]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 401_PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION--Table 
of Contents
 
        Subpart C_Disclosure of Official Records and Information
 
Sec. 401.180  Courts.

    (a) General. The Privacy Act allows us to disclose information when 
we receive an order from a court of competent jurisdiction. However, 
much of our information is especially sensitive. Participation in social 
security programs is mandatory, and so people cannot limit what 
information is given to SSA. When information is used in a court 
proceeding, it usually becomes part of a public record, and its 
confidentiality cannot be protected. Therefore, we treat subpoenas or 
other court orders for information under the rules in paragraph (b) of 
this section.
    (b) Subpoena. We generally disclose information in response to a 
subpoena or other court order if--
    (1) Another section of this part would specifically allow the 
release; or
    (2) The Commissioner of SSA is a party to the proceeding; or
    (3) The information is necessary for due process in a criminal 
proceeding. In other cases, we try to satisfy the needs of courts while 
preserving the confidentiality of information.
    (c) Other regulations on testimony and production of records in 
legal proceedings. See Part 403 of this chapter for additional rules 
covering disclosure of information and records governed by this part and 
requested in connection with legal proceedings.

[62 FR 4143, Jan. 29, 1997, as amended at 66 FR 2809, Jan. 12, 2001]