PR DEPARTMENT OF LABOR APPROVES REGULATIONS LIMITING THE USE OF THE SOCIAL SECURITY NUMBER
Act No. 207 of September 27,
2006, severely limits employers' ability to use the Social Security as an identification number. Businesses cannot use the number in an
identification cards, or documents of general circulation.
This month the Puerto Rico Department of Labor issued regulations broadening the scope of the law to include specific provisions and penalties. Here are some of the key provisions:
- The number cannot be displayed in any visible place to the general public nor in lists made available to persons than would not otherwise have a need or authority to access such data.
- The number may only be requested when it is mandated by a government entity.
- The employer may not divulge the number to outside entities unless it is provided under a law; or if duly authorized by the employee; or if the entity is a subcontractor or agent of the employer and takes adequate measures to prevent disclosure. In such cases, the employer must compile a list of approved contractors/agents.
- The employee may waive his/her non disclosure rights in writing; employer may not retaliate against the worker if he refuses to waive his rights.
- When a document containing the social security number must be made public for a purpose in which the number is not required, the number shall be edited in a manner which makes it illegible; and in such case, the contents of the document will not be considered altered.
- The number may be transferred digitally when such procedure guarantees confidentiality.
- Every document in which the social security number is obtained must stipulate whether the requested was mandatory or voluntary.
- Any document including electronic form that contains the social security number must be disposed of in a secure manner.
- Employers -within six months of the effective date of the regulations- must certify to the PR Department of Labor that it is complying with the its provisions. If a plan is submitted, The Department will allow up to a year to comply. The Department will provide with the appropriate forms which must be filed with the Department's nearest bureau of standards (Negociado de Normas del Trabajo).
- Employers that fail to comply face fines between $500 to $5,000.
