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H.R. 1877: Protecting Americans’ Social Security Data Act

The Protecting Americans’ Social Security Data Act aims to enhance the privacy and security of Social Security beneficiary information by implementing two main changes: restricting access to this data and imposing civil penalties for unauthorized access or disclosure of beneficiary information.

1. Access Restrictions

The bill explicitly prohibits political appointees and special government employees from accessing beneficiary data systems maintained by the Social Security Administration (SSA). These systems include:

Social Security account number records
Eligibility determination systems for benefits
Payment systems for benefits
Records containing personally identifiable information of beneficiaries

This means that individuals in politically appointed positions will no longer have the ability to view or access sensitive data related to Social Security beneficiaries.

2. Civil Penalties for Unauthorized Disclosure

The bill introduces civil penalties for the unauthorized access or disclosure of beneficiary information. Key points include:

If a U.S. government employee or an individual not employed by the government discloses or accesses information in violation of the new rules, they may face legal action and potential financial liability.
Damages for unauthorized access can be $5,000 per incident, or the actual damages incurred by the individual, along with possible punitive damages.
Individuals may bring civil actions against those who violate their privacy rights under these new provisions.

3. Investigations and Reporting

The bill establishes a framework for investigating breaches of beneficiary data privacy. The Inspector General of the Social Security Administration will be tasked with:

Investigating violations regarding unauthorized access or disclosures.
Compiling reports on violations and risk assessments related to these incidents, which must be submitted to Congress within a specified timeframe.

4. Additional Provisions

The legislation maintains existing privacy regulations and mandates the Government Accountability Office (GAO) to conduct a study regarding the effects of the new restrictions and report to Congress within a year of enactment. Furthermore, the GAO will provide monthly interim reports during this period.