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http://www.washingtonpost.com/wp-srv/business/daily/june99/privacy27.htm

Uncle Sam Has All Your Numbers

By Robert O'Harrow Jr.
Washington Post Staff Writer
Sunday, June 27, 1999; Page A1

As part of a new and aggressive effort to track down parents who owe child
support, the federal government has created a vast computerized
data-monitoring system that includes all individuals with new jobs and the
names, addresses, Social Security numbers and wages of nearly every working
adult in the United States.
Government agencies have long gathered personal information for specific
reasons, such as collecting taxes. But never before have federal officials
had the legal authority and technological ability to locate so many
Americans found to be delinquent parents – or such potential to keep tabs on
Americans accused of nothing.

The system was established under a little-known part of the law overhauling
welfare three years ago. It calls for all employers to quickly file reports
on every person they hire and, quarterly, the wages of every worker. States
regularly must report all people seeking unemployment benefits and all
child-support cases.

Starting next month, the system will reach further. Large banks and other
financial institutions will be obligated to search for data about delinquent
parents by name on behalf of the government, providing authorities with
details about bank accounts, money-market mutual funds and other holdings of
those parents. State officials, meanwhile, have sharply expanded the use of
Social Security numbers. Congress ordered the officials to obtain the
nine-digit numbers when issuing licenses – such as drivers', doctors' and
outdoorsmen's – in order to revoke the licenses of delinquents.

Enforcement officials say the coupling of computer technology with details
about individuals' employment and financial holdings will give them an
unparalleled ability to identify and locate parents who owe child support
and, when necessary, withhold money from their paychecks or freeze their
financial assets.

"They never get away from us anymore. It's just wonderful. . . . What you're
trying to do in child support is build a box, four walls, around a person,"
said Brian Shea, the acting executive director of child-support enforcement
in Maryland. "It has in some ways revolutionized this business."

But privacy experts and civil libertarians say the scope of the effort
raises new questions about the proper line between aggressive public policy
and intrusive government snooping. In pursuing an objective that is almost
universally applauded, the government has also created something that many
Americans have staunchly opposed: a vast pool of fresh personal information
that could be used in a variety of ways to monitor their lives.

"What you have here is a compilation of information that is much better and
more current than any other data system in the U.S.," said Robert Gellman, a
lawyer and privacy specialist in the District. "All of the sudden we're on
the verge of creating the Holy Grail of data collection, a central file on
every American."

Already lawmakers, federal agencies and the White House have considered
expanding the permitted aims of the system to include cutting down on fraud
by government contractors, improving the efficiency of the government and
pinpointing debtors, such as students who default on government loans.

Under the system, every employer must send information about new hires and
quarterly wages to state child-support agencies. State officials gather the
data, along with information on unemployment benefits and child-support
cases, and then ship it to computers run by the Administration for Children
and Families. ACF officials then use computers to sort and send back to
state authorities reports about people obligated to pay child support.

Government officials say the system is safe, accurate and discreet. They
also say it is secure. Because it has, among other safeguards, systems that
confirm the accuracy of Social Security numbers, officials say it will not
intrude into the lives of most people.

An examination of the program, however, shows that government officials have
downplayed or overlooked a variety of privacy and security concerns as they
worked to meet congressional deadlines.

The computer system that houses much of the data at the Social Security
Administration "has known weaknesses in the security of its information
systems," according to a Dec. 31 report by the General Accounting Office.
And authorities have not studied the frequency of mistakes that might arise
from incorrect data, even though the system will enable local child-support
enforcement officials to routinely freeze a parent's assets without an
additional court hearing.

Few people know about the system, even though it was created through one of
the signature acts of Congress and the Clinton administration – the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, the law that
ended the federal guarantee of welfare payments. Much of the congressional
debate and news coverage at the time focused on the broad policy and
political implications of the new law.

Officials have not publicized their ability to obtain financial information
because they do not want to alert delinquents to the ability of enforcement
workers to seize or freeze financial assets, according to Michael Kharfen,
spokesman for the federal Administration for Children and Families, which
administers the program.

"We're setting aside some of the courtesies in order to accomplish what
we're trying to do," said Kharfen, who described the network as an
"unprecedented, vast amount of information that is updated constantly."

He added: "This is about getting financial support to the kids."


A Boost for Some



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When welfare reformers on Capitol Hill and the White House approved the
system in 1996, their aim was to cut down welfare spending by boosting
child-support payments.
They had in mind people such as Stephanie Dudley and her son Robert, who
live in Farmington, Minn. Robert's father had split up with Dudley shortly
after the boy was born and drifted from place to place. He owed $350 a month
in child-support payments, but it was hard tracking him down and getting him
to pay.

Officials found Robert's father – and then started withholding money from
his paycheck – after a new employer in Pennsylvania reported him to the
network. "I literally was living from check to check," Dudley said. "I mean,
that money literally put shoes on the kid's feet, helped pay the rent."

Kathy Robins of Tazewell, Va., and her 7-year-old son, Dwight, never
received court-ordered child support until the system turned up his father
in North Carolina. Now she gets about $120 a month, money she plans to use
to pay for a babysitter this summer. "It'll help," she said. "I mean, it's
better than I was getting before, which was nothing."

Child-support advocates contend that fears about privacy are overblown when
weighed against such successes.

As of 1997, the latest year for which figures available, more than 7.4
million delinquents owed more than $43 billion in past child support. The
system has helped boost support payments from $12 billion in 1996 to $14.4
billion last year, officials said. And in 1997, the burgeoning system helped
enforcement programs locate more than 1.2 million delinquents.

The system is essentially an electronic dragnet. It collects the names,
Social Security numbers and other data about every newly hired employee in
the nation from employers, who also must provide pay reports for most
wage-earning adults. States ship along the names and other identifying
information of people who receive state unemployment insurance.

The Administration for Children and Families, a part of the Department of
Health and Human Services, serves as a sort of clearinghouse that
automatically matches all of that information against a file of nearly 12
million child support cases to locate parents obligated to pay support.

Then the agency provides information about those parents – no matter whether
they are behind on payments – to the appropriate state enforcement workers.
The idea is to track the parents across state lines.

Supporters of the system note that Congress explicitly restricted access to
it. Those authorized to use the information include the Social Security
Administration, which can use the directory of new hires to verify
unemployment reports; the Treasury Department, which can use it to
cross-reference tax-deduction claims; and researchers, who gain access only
to anonymous data.

Next month, financial institutions that operate in multiple states – such as
Crestar Financial Corp., Charles Schwab & Co. and the State Department
Federal Credit Union – will begin comparing a list of more than 3 million
known delinquents against their customer accounts. Under federal law, the
institutions are obligated to return the names, Social Security numbers and
account details of delinquents they turn up.

The Administration for Children and Families will then forward that
financial information to the appropriate states. For security reasons,
spokesman Kharfen said, the agency will not mix the financial data with
information about new hires, wages and the like. Bank account information
will be deleted after 90 days.

In a test run this spring, Wells Fargo & Co. identified 72,000 customers
whom states have identified as delinquents. NationsBank Corp. found 74,000
alleged delinquents in its test.

Later this year, smaller companies that operate only in one state will be
asked to perform a similar service. Officials say most of these institutions
will compare their files against the government's. But some operations that
don't have enough computing power – such as small local banks, credit unions
and securities firms – will hand over lists of customers to state officials
for inspection. States can then administratively freeze the accounts.

In California, more than 100 financial institutions have already handed over
lists of all their depositors to state officials, including names, Social
Security numbers and account balances, a state official said.

"This is a major leap forward," said Nathaniel L. "Nick" Young Jr., director
of child-support enforcement in Virginia, who estimates that more than
200,000 Virginia parents owe up to $1.6 billion in past support. "We are now
into the electronic age."


A New Standard



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Civil liberties activists say it would be a mistake to consider the system
solely in terms of finding bad parents and making them pay up. They worry
that the network – a massive expansion of earlier child-support efforts –
sets a new standard for data surveillance by using computers to
cross-reference hundreds of millions of personal records about Americans.
Over the past quarter-century, since the Privacy Act was enacted in 1974,
the federal government has tried to place limits on how its officials could
compare databases to find or profile people. And in general, the government
was supposed to limit data collection about people who paid taxes, received
a federal benefit, served in the military or tangled with the judicial
system.

Critics say this new effort leaps beyond those practices by systematically
creating centralized files about workers, wages and families, and sifting
through those files to find a relatively small number of suspected
deadbeats.

The new registry of child-support cases, for example, now requires the names
of all parents and children involved, even if they do not receive public
assistance or ask for help in getting a problem resolved. The registry has
information about nearly 12 million families.

There is also concern about the government's reliance on private employers
and financial institutions to watch citizens. A proposal last year to
require banks to routinely track customer transactions for signs of criminal
activity prompted an outpouring of protest. Regulators ditched the plan,
called Know Your Customer, this spring after acknowledging they had
misstepped.

Critics say this system in essence asks banks and other financial companies
to do the same thing. "It really starts to blur that line between the
government and the private sector," said Deirdre Mulligan, staff counsel at
the Center for Democracy and Technology, a privacy and civil liberties
advocacy group in the District.

A review of the swift development of the system has turned up still other
questions about whether the government paid enough attention to privacy –
particularly at a time when the issue has become a flash point in public
policy debates across the country.

As the system was phased in, officials posted federally required notices
only in the Federal Register. No additional information has been added to
W-4 forms that people must fill out when taking a new job.

Linda Ricci, a spokeswoman for the Office of Management and Budget, defended
the approach. She said people received notice when the program was publicly
debated by Congress before its approval in 1996. She said existing language
on the W-4 forms "makes clear the data will be shared with law enforcement
for a variety of purposes."

In addition to the issues raised by the GAO about the security of computer
systems gathering and transmitting personal information, the systems in
about a dozen states also have not been certified by federal officials as
meeting security and privacy guidelines.

But government officials say they are confident the security is adequate.
Ricci noted that the GAO based its report on a private audit conducted at
the request of the Social Security Administration. It found no security
breaches, she said, and the agency has taken many steps to address concerns.

Officials in OMB and the Administration for Children and Families sought to
allay fears about mistakes. While acknowledging they have no idea about the
likely rate of errors because no study was conducted, officials said the
program verifies the accuracy of any Social Security numbers before sending
data along to the states.

In addition, officials said, individuals in every state will have an
opportunity to appeal administrative actions. Virginia, for instance, will
give parents up to 10 days before seizing assets, a state official said.

Critics wonder what might happen to someone who is away on vacation or
business. "A Social Security number is not a bullet-proof identifier. There
are always going to be mistakes," said Mary J. Culnan, a business professor
at Georgetown University's McDonough School of Business, who drew an analogy
to problems with the accuracy of credit reports in the early 1990s.

Finally, the operation appears to be at odds with the Clinton
administration's recent push to make privacy a priority. Last month, Clinton
called on banks and other financial institutions to give consumers more
control over how their information is gathered and used. "President Clinton
believes that consumers deserve notice and choice about the use of their
personal information," said a White House memo about the event.

Ricci said the administration distinguishes between data collection efforts
by government for issues such as child support and those of business.
"There's no opting out for law enforcement. Individuals don't have an option
about paying taxes or court-ordered child support," she said. "That's just
the law."


Critics Unappeased



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The assurances of such officials do little to assuage the fears of people
who worry about the potential ills of having a government that closely
monitors its citizens.
Taylor Burke, vice president of Burke & Herbert Bank & Trust Co. in
Alexandria, said he doesn't believe banks should be asked to watch their
customers so closely on behalf of the government. "We're all good citizens.
But it doesn't mean we spy on our neighbors," Burke said. "It's really
scary."


Such anxieties have been underscored by mistakes child-support enforcement
workers have made in recent years. Last year, officials in Virginia had to
apologize to 2,300 parents for misidentifying them as delinquent and
announcing they would lose their hunting and fishing licenses. Officials
attributed the mistake to a computer programming error. "We're not perfect,"
a state official said at the time.

California officials also misidentified hundreds of men after it began the
federally mandated, data-driven crackdown on deadbeats. In some cases, they
confused men who had similar names.

"In my estimation, this is going to be nothing more than a huge invasion of
privacy," said James Dean of Oshkosh, Wis., who was unable to get a fishing
license because he refused to provide his Social Security number.

Connie White, the system-development manager for the Virginia division of
Child Support Enforcement, said she understands such qualms. But she
believes the system is ultimately in the best interests of society. "I have
problems with the Big Brother concept myself," White said. "But the need for
people to support their children far outweighs their need for privacy."

Wade Horn, a former official in the Administration for Children and
Families, agrees about the need to improve child support. But he is far from
certain about the right balance between government action and individual
privacy.

"What we're now going to do is put a system into place that will track the
earnings and comings and goings of the entire adult population of the U.S.,"
said Horn, head of a fathers' rights group in Maryland. "In a free society,
we should always be on the lookout for the possibility we do harm through
good intentions."



© 1999 The Washington Post Company

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