Who Can Legally Ask for Your Social Security Number?

Examples of When You’re Legally Required To Provide Your SSN

In the United States, certain agencies — like the IRS, Social Security Administration, and state tax authorities — can legally ask for your SSN.

• Employers need SSNs to report wages to the IRS and state tax authorities.
• The Internal Revenue Service (IRS) issues tax returns, W-2 forms, and 1099 filings by using SSNs.
• The Social Security Administration (SSA) uses SSNs to record your earnings. They also use it to determine your eligibility for Social Security benefits and other government services.
• State tax authorities use SSNs to verify your income and file your state income tax returns.
• Public assistance programs like Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP) use SSNs to determine income levels and assess eligibility.
• Child support enforcement uses SSNs to find noncustodial parents, track their wages, and monitor court-ordered support obligations.
• Motor Vehicle Departments (DMVs) need SSNs to issue or renew a driver’s license or ID, especially under new REAL ID laws.
• Medicare and Medicaid use SSNs to confirm benefit eligibility.

If you refuse to submit your SSN in these mandatory cases, you could lose government benefits and services. In non-mandatory settings, refusing to provide your SSN isn’t illegal — a private company might still choose not to serve you.

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Where Sharing Your SSN Is Voluntary

Outside legally mandated settings, providing your SSN is often voluntary. For example, law enforcement officers may ask for your SSN. Absent a specific statutory requirement, you can refuse. That said, refusing does not stop the police from taking other lawful actions (like issuing a citation).

Other situations in which you may be asked to provide your SSN include:

• Applying for a retail store credit card. A department store is a private business offering a non-essential service. That means you are not legally required to provide your SSN.
• Filling out a rental application. Landlords like to use your SSN to run credit and background checks. You are not obligated to provide it.
• Signing up for a gym membership. Some gyms may ask for your SSN, claiming to use it for “identification” or “billing purposes.” But it’s not mandatory.

The bottom line is that if no pre-1975 or federal law compels SSN disclosure, you can refuse. However, that doesn’t mean there won’t be consequences.

Private businesses have a right to set their own policies and can choose not to serve you if you don’t offer up your SSN. A bank can also legally refuse service if you don’t provide an SSN or ITIN.

📚 Related: What To Do If Someone Has Your Social Security Number →

Section 7 of the Privacy Act (What To Know)

The Privacy Act of 1974 regulates how federal agencies collect, use, and store personal information. Before its passage, many government agencies and private businesses requested SSNs.

As you might expect, this increased the potential for Social Security identity theft. If your SSN gets into the wrong hands, bad actors can unlock your identity, bank accounts, and government benefits.

The best way to lower the risk of that happening is to avoid sharing your SSN. And the Privacy Act of 1974 prevents federal, state, and local agencies from denying you “rights, benefits, or privileges” for refusing to share it.

However, this doesn’t mean agencies can’t ask for your SSN. They just have to comply with Section 7 of The Privacy Act when they do request it. Under Section 7, sometimes called the “Social Security Number Provision,” entities must:

• Tell you whether SSN disclosure is mandatory or voluntary. If it’s voluntary, they must ask you to present another form of ID.
• Cite a specific law or regulation that authorizes them to ask for your SSN. Without a legal basis, they cannot mandate disclosure.
• Explain how they will use your SSN, whether it’s to verify your identity, process your benefits, or something else.
• Share the consequences of refusing to share your SSN. If you’re a student, you may not be eligible for financial aid. Some state laws need your SSN to set up child support payments or to get a hunting or fishing license.

There are two exceptions to these rules:

1. If a federal statute requires the disclosure. If a specific law says your SSN is mandatory (like for Medicare), the agency doesn’t have to offer a choice — but they still must tell you the law requires it.
2. If the request is part of a system of records that existed before Jan 1, 1975. This is a historical loophole. If a government database was already collecting SSNs before the Privacy Act went into effect in 1975, then the full Section 7 requirements don’t apply.

Alternatives To Sharing Your SSN

Before giving away your SSN, always request the exact statute or regulation that mandates it. Sometimes organizations ask for a Social Security card out of habit, not necessity.

If possible, offer an alternate identifier, such as your:

• ITIN. Some banks allow ITINs instead of SSNs for non-U.S. citizens. You can apply for an ITIN through IRS Form 7. 
• Passport. Some banks may accept a foreign passport if you lack an SSN or ITIN. Landlords often accept a passport instead of an SSN to verify identity. A valid U.S. passport can also serve as proof of identity for employment under Form I-9. (Note: Employers will still need a tax ID for payroll.)
• Driver’s license or state ID. Power, gas, and water companies might accept a driver’s license number instead of an SSN. Doctor’s offices and insurers allow state IDs or birth certificates for verification. Retailers may also allow financing without an SSN if you provide your driver’s license.

In some cases, you can skip an SSN-based credit check if you pay a security deposit upfront. Companies that were going to use your SSN for a credit check might accept a recent credit report from Experian, TransUnion, or Equifax. Lenders may take a banking history report from ChexSystems or Early Warning Services in lieu of an SSN.

Sharing your SSN only when legally required lowers the odds of becoming a victim of identity theft. But there’s still a chance that scammers — or even family members — could misuse your personal data. That’s where identity theft protection platforms like Aura can help.

Aura scans the Dark Web for your SSN, notifying you as soon as your personal information is exposed. If you suspect foul play, U.S.-based fraud resolution specialists are available to help you 24/7. Plus, every Aura plan comes with a $1,000,000 identity theft insurance policy to recoup any losses.