[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR6.3]



[Page 47-48]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 6_IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents

 

                            Subpart A_General

 

Sec. 6.3  Collection and use of information (Privacy Act statements).



    (a) General. Any information used in whole or in part in making a 

determination about an individual's rights, benefits, or privileges 

under FEMA programs will be collected directly from the subject 

individual to the extent practicable. The system manager also shall 

ensure that information collected is used only in conformance with the 

provisions of the Act and these regulations.

    (b) Solicitation of information. System managers shall ensure that 

at the time information is solicited the solicited individual is 

informed of the authority for collecting that information, whether 

providing the information is mandatory or voluntary, the purpose for 

which the information will be used, the



[[Page 48]]



routine uses to be made of the information, and the effects on the 

individual, if any, of not providing the information. The Director, 

Office of Administrative Support and Regional Directors shall ensure 

that forms used to solicit information are in compliance with the Act 

and these regulations.

    (c) Solicitation of Social Security numbers. Before an employee of 

FEMA can deny to any individual a right, benefit, or privilege provided 

by law because such individual refuses to disclose his/her social 

security account number, the employee of FEMA shall ensure that either:

    (1) The disclosure is required by Federal statute; or

    (2) The disclosure of a social security number was required under a 

statute or regulation adopted before January 1, 1975, to verify the 

identity of an individual, and the social security number will become a 

part of a system of records in existence and operating before January 1, 

1975.



If solicitation of the social security number is authorized under 

paragraph (c) (1) or (2) of this section, the FEMA employee who requests 

an individual to disclose the social security account number shall first 

inform that individual whether that disclosure is mandatory or 

voluntary, by what statutory or other authority the number is solicited, 

and the use that will be made of it.

    (d) Soliciting information from third parties. An employee of FEMA 

shall inform third parties who are requested to provide information 

about another individual of the purposes for which the information will 

be used.



[44 FR 50293, Aug. 27, 1979, as amended at 47 FR 13149, Mar. 29, 1982; 

48 FR 12091, Mar. 23, 1983; 50 FR 40006, Oct. 1, 1985]