Personal Responsibility and Work Opportunity Reconciliation Act
| Personal Responsibility and Work Opportunity Reconciliation Act | |
|---|---|
| Short Title | Personal Responsibility and Work Opportunity Reconciliation Act of 1996 |
| Official Text | Personal Responsibility and Work Opportunity Reconciliation Act |
| Country/Jurisdiction | United States |
| State or Province | |
| Regulatory Bodies | |
| Date Enacted | 1996/08/22 |
| Scope of the Law | Individuals |
| Information | |
| Taxonomy | Disclosure, Insecurity, Secondary Use |
| Strategies | |
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 prohibits the release of personal information, and protects unauthorized access. The Act ensures safeguards to be protected the threats and risks.
Text of the law
SEC. 303. PRIVACY SAFEGUARDS. Insecurity, Disclosure, Secondary Use
(a) STATE PLAN REQUIREMENT.—Section 454 (42 U.S.C. 654), as amended by section 301(b) of this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and inserting ‘‘; and’’; and
(3) by adding after paragraph (25) the following new paragraph:
‘‘(26) will have in effect safeguards, applicable to all confidential information handled by the State agency, that are designed to protect the privacy rights of the parties, including—
‘‘(A) safeguards against unauthorized use or disclosure of information relating to proceedings or actions to establish paternity, or to establish or enforce support;
‘‘(B) prohibitions against the release of information on the whereabouts of 1 party to another party against whom a protective order with respect to the former party has been entered; and
‘‘(C) prohibitions against the release of information on the whereabouts of 1 party to another party if the State has reason to believe that the release of the information may result in physical or emotional harm to the former party.
(1) ADMINISTRATIVE ACTION BY STATE AGENCY.—Procedures which give the State agency the authority to take the following actions relating to establishment of paternity or to establishment, modification, or enforcement of support orders, without the necessity of obtaining an order from any other judicial or administrative tribunal, and to recognize and enforce the authority of State agencies of other States to take the following actions:
‘‘(A) GENETIC TESTING.—To order genetic testing for the purpose of paternity establishment as provided in section 466(a)(5). Medical and Health "Personal#list" contains a listed "#" character as part of the property label and has therefore been classified as invalid.
‘‘(B) FINANCIAL OR OTHER INFORMATION.—To subpoena any financial or other information needed to establish, modify, or enforce a support order, and to impose penalties for failure to respond to such a subpoena. Account "Personal#list" contains a listed "#" character as part of the property label and has therefore been classified as invalid.
‘‘(C) RESPONSE TO STATE AGENCY REQUEST.—To require all entities in the State (including for-profit, nonprofit, and governmental employers) to provide promptly, in response to a request by the State agency of that or any other State administering a program under this part, information on the employment, compensation, and benefits of any individual employed by such entity as an employee or contractor, and to sanction failure to respond to any such request. Professional "Personal#list" contains a listed "#" character as part of the property label and has therefore been classified as invalid.
‘‘(D) ACCESS TO INFORMATION CONTAINED IN CERTAIN RECORDS.—To obtain access, subject to safeguards on privacy and information security, and subject to the nonliability of entities that afford such access under this subparagraph, to information contained in the following records (including automated access, in the case of records maintained in automated data bases):
‘‘(i) Records of other State and local government agencies, including—
‘‘(I) vital statistics (including records of marriage, birth, and divorce);
‘‘(II) State and local tax and revenue records (including information on residence address, employer, income and assets);
‘‘(III) records concerning real and titled personal property;
‘‘(IV) records of occupational and professional licenses, and records concerning the ownership and control of corporations, partnerships, and other business entities;
‘‘(V) employment security records;‘(VI) records of agencies administering public assistance programs;
‘‘(VII) records of the motor vehicle department; and
‘‘(VIII) corrections records.
‘‘(ii) Certain records held by private entities with respect to individuals who owe or are owed support
(or against or with respect to whom a support obligation is sought), consisting of—
‘‘(I) the names and addresses of such individuals and the names and addresses of the employers of such individuals, as appearing in customer records of public utilities and cable television companies, pursuant to an administrative subpoena authorized by subparagraph (B); and Identifying, Location "Personal#list" contains a listed "#" character as part of the property label and has therefore been classified as invalid.
‘‘(II) information (including information on assets and liabilities) on such individuals held by financial institutions.‘‘
(A) LOCATOR INFORMATION; PRESUMPTIONS CONCERNING NOTICE.—Procedures under which—
‘‘(i) each party to any paternity or child support proceeding is required (subject to privacy safeguards) to file with the tribunal and the State case registry upon entry of an order, and to update as appropriate, information on location and identity of the party,including Social Security number, residential and mailing addresses, telephone number, driver’s license number, and name, address, and telephone number of employer; and
‘‘(ii) in any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of such a party, the tribunal may deem State due process requirements for notice and service of process to be met with respect to the party, upon delivery of written notice to the most recent residential or employer address filed with the tribunal pursuant to clause (i).
Sec. 822:(4) PRIVACY.—The State agency shall provide safeguards to restrict the use of information collected by a State agency administering the program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.) to purposes for which the information is collected.’’.
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