Date: Tue, 30 Jun 1992 17:29:04 EDT
Subject: File 2--CPSR Challenges Virginia SS
June 30, 1992
CPSR Challenges Virginia SSN Practice
PRESS RELEASE
WASHINGTON, DC -- A national public interest organization has filed a
"friend of the court" brief in the federal court of appeals, calling
into question the Commonwealth of Virginia's practice of requiring
citizens to provide their Social Security numbers in order to vote.
Computer Professionals for Social Responsibility (CPSR) alleges that
Virginia is violating constitutional rights and creating an
unnecessary privacy risk.
The case arose when a Virginia resident refused to provide his Social
Security number (SSN) to a county registrar and was denied the right
to register to vote. Virginia is one of a handful of states that
require voters to provide an SSN as a condition of registration.
While most states that require the number impose some restrictions on
its public dissemination, Virginia allows unrestricted public
inspection of voter registration data -- including the SSN. Marc A.
Greidinger, the plaintiff in the federal lawsuit, believes that the
state's registration requirements violate his privacy and impose an
unconstitutional burden on his exercise of the right to vote.
The CPSR brief, filed in the Fourth Circuit Court of Appeals in
Richmond, supports the claims made by Mr. Greidinger. CPSR notes the
long-standing concern of the computing community to design safe
information systems, and the particular effort of Congress to control
the misuse of the SSN. The organization cites federal statistics
showing that the widespread use of SSNs has led to a proliferation of
fraud by criminals using the numbers to gain driver's licenses, credit
and federal benefits. The CPSR brief further describes current
efforts in other countries to control the misuse of national
identifiers, like the Social Security number.
Marc Rotenberg, the Director of the CPSR Washington Office said that
"This is a privacy issue of constitutional dimension. The SSN
requirement is not unlike the poll taxes that were struck down as
unconstitutional in the 1960s. Instead of demanding the payment of
money, Virginia is requiring citizens to relinquish their privacy
rights before being allowed in the voting booth."
CPSR argues in its brief that the privacy risk created by Virginia's
collection and disclosure of Social Security numbers is unnecessary.
The largest states in the nation, such as California, New York and
Texas, do not require SSNs for voter registration. CPSR points out
that California, with 14 million registered voters, does not need to
use the SSN to administer its registration system, while Virginia,
with less than 3 million voters, insists on its need to demand the
number.
David Sobel, CPSR Legal Counsel, said "Federal courts have generally
recognized that there is a substantial privacy interest involved when
Social Security numbers are disclosed. We are optimistic that the
court of appeals will require the state to develop a safer method of
maintaining voting records."
CPSR has led a national campaign to control the misuse of the Social
Security Number. Earlier this year the organization testified at a
hearing in Congress on the use of the SSN as a National Identifier.
CPSR urged lawmakers to respect the restriction on the SSN and to
restrict its use in the private sector. The group also participated
in a federal court challenge to the Internal Revenue Service's
practice of displaying taxpayers' SSNs on mailing labels. CPSR is
also undertaking a campaign to advise individuals not to disclose
their Social Security numbers unless provided with the legal reason
for the request.
CPSR is a national membership organization, with 2,500 members, based
in Palo Alto, CA. For membership information contact CPSR, P.O. Box
717, Palo Alto, CA 94303, (415) 322-3778, cpsr@csli. stanford.edu.
For more information contact:
Marc Rotenberg, Director
David Sobel, Legal Counsel
CPSR Washington Office
(202) 544-9240
[email protected]
[email protected]
Paul Wolfson, attorney for Marc A. Greidinger
Public Citizen Litigation Group
(202) 833-3000
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