5 CFR 293.105
Restrictions on collection and use of information

January 1, 2002
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[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR293.105]

[Page 87]

TITLE 5--ADMINISTRATIVE PERSONNEL

CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT

PART 293--PERSONNEL RECORDS--Table of Contents

Subpart A--Basic Policies on Maintenance of Personnel Records

Sec. 293.105 Restrictions on collection and use of information.

(a) First Amendment. Personnel records describing how individuals
exercise rights guaranteed by the First Amendment are prohibited unless
expressly authorized by statute, or by the individual concerned, or
unless pertinent to and within the scope of an authorized law
enforcement activity. These rights include, but are not limited to, free
exercise of religious and political beliefs, freedom of speech and the
press, and freedom to assemble and to petition the government.
(b) Social Security Number.
(1) Agencies may not require individuals to disclose their Social
Security Number unless disclosure would be required;
(i) Under Federal statute; or
(ii) Under any statute, Executive order, or regulation that
authorizes any Federal, State, or local agency maintaining a system of
records that was in existence and operating prior to January 1, 1975, to
request the Social Security Number as a necessary means of verifying the
identity of an individual.
(2) Individuals asked to voluntarily (circumstances not covered by
paragraph (b)(1) of this section) provide their Social Security Number
shall suffer no penalty or denial of benefits for refusing to provide
it.






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