June 22, 2005
I'm no expert on administrative law, but doesn't a rule change like this one have to go through a public hearing process in the Federal Register before it takes effect? I suppose rule changes and ad hoc policies are different kinds of animals, although sources in the article seem to use the terms interchangeably.
Anyway, even if the policy change is legal, it seems odd that it's only been made public through a FOIA request, especially given SSA's track record of sensitivity on privacy issues. Perhaps I need to revisit this post from a couple weeks back?
I don't think it's an actual rule change; the term "rules" was getting thrown around by a politician and the article's author, not by the SSA itself. The ad hoc policy seems to be a different animal because it's based on Section 401.195 of the regulations, which provides that the Commissioner may disclose information necessary to respond to life-threatening situations.
Wow, that's a lot of discretion for the commissioner, without much oversight. It's amazing that what seem like an established institutions -- eg SSA's heartfelt privacy concerns -- turn out to be paper thin as soon as their tested.
Anyway, thanks for the clarification!
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