The data provided via the EIV system must be protected to ensure that it is only used for official purposes and not disclosed in any way that would violate the privacy of the individuals represented in the system data. Privacy of data and data security for computer systems are covered by a variety of Federal laws and regulations, government bulletins, and other guiding documents. The Privacy Act of 1974 as amended, 5 U.S.C. § 552 (a) is one such regulation and EIV data require careful handling in order to assure program administrators’ compliance with the Privacy Act. (See Appendix 1. Safeguards Provided by the Privacy Act.) The Act also describes the criminal penalties associated with violation of policy supporting the Act. (See Appendix 2. Criminal Penalties Associated with the Privacy Act.)
HUD has interagency agreements with:
The Social Security Administration for the social security (SS) and the supplemental security income (SSI) data and
The HHS’s Office of Child Support Enforcement for information furnished from the National Directory of New Hires (NDNH) data.
Under the Privacy Act, tenants have the right to challenge the accuracy of information maintained by the Federal government that concerns them. If a tenant disputes the employment and/or income information, the tenant must contact the employer. If the information is incorrect, the employer must correct the information and resubmit it to the state, IRS and HHS. The employer is the originator of the data.
If the tenant disputes the SS/SSI information, the tenant must contact SSA. If the SS/SSI information is incorrect, SSA must correct the information and update its database. SSA is the originator of the data.
The program administrator’s Security Officer, or designated staff, must assure that a copy of Form HUD-9886 - Authorization for the Release of Information/Privacy Act Notice, or an equivalent consent form that meets the requirements under 24 CFR 5.230, has been signed by each member of the household age 18 years old or older and is in the household file. By signing this form, the tenant authorizes HUD and the program administrator to obtain and verify income and unemployment compensation information from various sources including current and former employers, State agencies, SSA and HHS. HUD is relying on program administrators to have this authorization form on file as required by 24 CFR Part 5.230. Information obtained is protected under the Privacy Act. (See Appendix 3 Form HUD-9886, Authorization for the Release of Information/Privacy Act Notice)
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History______________________________________________________________
Gabrielle Harris composed this Policy/Procedure on 02/09/2011 03:08:12 PM.