Policy Manual
Second Response - Privacy Act Notice
Dear
Thank you for responding to my request to clarify your reason for declining my account application.
However, it is important to remind you and that there is no law requiring a person to obtain a social securitynumber and that the Privacy Act provides that it shall be unlawfid to deny to any person any right, benefit or privilege because of an individual's refusal to disclose a social security number (Section 7, Pub. Law 93-579, 5 USC 552a, 31USC 1.32). You should know that several court decisions have applied this law to the private sector as well as government agencies. Since it is my intent to assert my rights in this matter, I encourage you and to either reconsider that policy or waive the policy in my case. As you well know, federal regulation (31 USC 103.34)requires that you ask me for a social security number. However, the law does not require a person to provide that number. Furthermore, the regulation provides that you shall not be in violation of thk section ifyou hme made a reasonable effortto secure the social securio) number. Certainly you have complied with the law and have made a reasonable effort to secure a social security number (which I do not have). Please find enclosed my signed statement (Reasonable Cause A8idavit by Payor) showing that you did request a social security number and that 1 declined to provide such number. This statement proves your reasonable effort and fiees you from any IRS penalties due to neglect. You are also being advised, by way of the attached Constructive Notice and my Citizen's Assertion of Legal Right to withhold discloszrre of SSN, of my legal rights and my intent to assert these rights in court if necessary.
1 hope that you will reconsider your position and I remain hopeful that we can reach a mutually beneficial arrangement.
Best regards,