Privacy and Disclosure of Official Records and Information; Availability of Information and Records to the Public

Under the Privacy and Disclosure of Official Records and Information regulations, SSA has established methods in which the public can consent to and authorize the release of records protected under the Privacy Act of 1974, 5 U.S.C. 552a of the United States Code, and request records accessible through the Freedom of Information Act (FOIA), 5 U.S.C. 552. Consent for Release of Records SSA obtains the required consent(s) (with certain exceptions specified by law) from anyone requesting information in SSA systems of records about another individual. We will not release information requested about an individual until we obtain the required consent from that individual. Under the Privacy Act of 1974 (5 U.S.C. 552a(b)), individuals may give SSA written consent to disclose their personal information to a third party of their choosing. In addition, individuals may have multiple needs for the disclosure of their personal information, such as for qualification for a mortgage or preemployment screenings. a. Form SSA-3288 (Consent for Release of Information): Form SSA-3288, is SSA’s preferred paper form for requests for disclosure of information based on the consent of the subject of the record. Respondents can download the SSA-3288 from ssa.gov/forms, obtain a copy at a local SSA field office, or request SSA mail a copy to them directly. Use of this form ensures compliance with SSA consent regulations at 20 CFR 401.100. SSA also collects consent on other writings, including non-SSA forms often used by large employers, that incorporate SSA-approved consent language. b. Form SSA-3288-OP1 (Consent for Disclosure of Records Protected Under the Privacy Act): The Form SSA-3288-OP1 will comply with the CASES Act, OMB M-21-04, and SSA consent regulations at 20 CFR 401.100. The CASES Act directed OMB to develop templates for, among other things, electronic consents for SSA to disclose records protected by the Privacy Act of 1974 to third parties. OMB implemented that statutory directive in memorandum M-21-04. SSA developed the SSA-3288-OP1 pursuant to the CASES Act and M-21-04. The public will access the webform application that populates Form SSA-3288-OP1 on the Internet by selecting the ‘‘Electronic Request for Consent to Disclose’’ link which will be posted at www.ssa.gov/privacy. The respondents are individuals consenting to, authorizing, and requesting SSA disclosure of records protected by the Privacy Act of 1974 to third parties. We are submitting an IT Modification non-substantive change to add SSA-3288-OP to Upload Documents and are making minor changes to the electronic for clarity.

The latest form for Privacy and Disclosure of Official Records and Information; Availability of Information and Records to the Public expires 2028-08-31 and can be found here.

a. Amendment of Records - 20 CFR 401.65(a)

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