                                 CODE OF VIRGINIA

COLLECTION, DISCLOSURE, OR DISPLAY OF SOCIAL SECURITY NUMBER; PERSONAL
IDENTIFYING INFORMATION OF DONORS; PENALTY (§ 2.2-3808)

A. It shall be unlawful for any agency to:

   1. Require an individual to disclose or furnish his social security number not
   previously disclosed or furnished, for any purpose in connection with any
   activity, or to refuse any service, privilege, or right to an individual
   wholly or partly because the individual does not disclose or furnish such
   number, unless the disclosure or furnishing of such number is specifically
   required by state law in effect prior to January 1, 1975, or is specifically
   authorized or required by federal law;

   2. Collect from an individual his social security number or any portion
   thereof unless the collection of such number is (i) authorized or required by
   state or federal law and (ii) essential for the performance of that
   agency&#8217;s duties. Nothing in this subdivision shall be construed to
   prohibit the collection of a social security number for the sole purpose of
   complying with the Virginia Debt Collection Act (&#xA7; 2.2-4800 et seq.) or
   the Setoff Debt Collection Act (&#xA7; 58.1-520 et seq.);

   3. Require any individual or any entity organized under &#xA7; 501(c) of the
   Internal Revenue Code to provide the agency with personal donor information;

   4. Require any bidder, offeror, contractor, or grantee of an agency to provide
   the agency with personal donor information; or

   5. Disclose personal donor information without the express, written permission
   of every individual who is identifiable from the potential release of such
   personal donor information, including individuals identifiable as members,
   supporters, or volunteers of, or donors to, the agency.

B. Agency-issued identification cards, student identification cards, or license
certificates issued or replaced on or after July 1, 2003, shall not display an
individual&#8217;s entire social security number except as provided in &#xA7;
46.2-703.

C. Any agency-issued identification card, student identification card, or
license certificate that was issued prior to July 1, 2003, and that displays an
individual&#8217;s entire social security number shall be replaced no later than
July 1, 2006, except that voter registration cards issued with a social security
number and not previously replaced shall be replaced no later than the December
31st following the completion by the state and all localities of the decennial
redistricting following the 2010 census. This subsection shall not apply to (i)
driver&#8217;s licenses and special identification cards issued by the
Department of Motor Vehicles pursuant to Chapter 3 (&#xA7; 46.2-300 et seq.) of
Title 46.2 and (ii) road tax registrations issued pursuant to &#xA7; 46.2-703.

D. No agency, as defined in &#xA7; 42.1-77, shall send or deliver or cause to be
sent or delivered, any letter, envelope, or package that displays a social
security number on the face of the mailing envelope or package or from which a
social security number is visible, whether on the outside or inside of the
mailing envelope or package.

E. The provisions of subsections A and C shall not be applicable to:

   1. Any license issued by the State Corporation Commission&#8217;s Bureau of
   Insurance until such time as a national insurance producer identification
   number has been created and implemented in all states. Commencing with the
   date of such implementation, the licenses issued by the State Corporation
   Commission&#8217;s Bureau of Insurance shall be issued in compliance with
   subsection A. Further, all licenses issued prior to the date of such
   implementation shall be replaced no later than 12 months following the date of
   such implementation;

   2. Any lawful warrant for personal donor information issued by a court of
   competent jurisdiction;

   3. Any lawful request for discovery of personal donor information in
   litigation if (i) the requester demonstrates a compelling need for the
   personal donor information by clear and convincing evidence and (ii) the
   requester obtains a protective order barring disclosure of personal donor
   information to any person not directly involved in the litigation. As used in
   this subdivision, &#8220;person&#8221; means an individual, partnership,
   corporation, association, governmental entity, or other legal entity;

   4. Any admission of relevant personal donor information as evidence before a
   court of competent jurisdiction;

   5. Any lawful investigation or enforcement action conducted pursuant to
   subsection C or D of &#xA7; 57-59; or

   6. Any form prescribed by the Virginia Conflict of Interest and Ethics
   Advisory Council.

F. A person alleging a violation of this section may bring a civil action for
appropriate injunctive relief. A court rendering judgment in favor of a
complainant pursuant to this subsection shall award all or a portion of the
costs of litigation, including reasonable attorney fees and witness fees, to the
complainant.

G. A person who knowingly violates this section is guilty of a misdemeanor
punishable by imprisonment of up to 90 days, a fine up to $1,000, or both.

H. Nothing in this section shall apply to the Campaign Finance Disclosure Act of
2006 (&#xA7; 24.2-945 et seq.).

I. As used in this section, &#8220;personal donor information&#8221; means names
and data of any kind collected for the purpose of directly or indirectly
identifying an individual as a member, supporter, or volunteer of, or donor of
financial or nonfinancial support to, any entity exempt from federal income tax
pursuant to &#xA7; 501(c) of the Internal Revenue Code.

HISTORY: 1976, c. 597, § 2.1-385; 2001, c. 844; 2003, c. 974; 2008, cc. 840,
843; 2009, cc. 849, 867; 2010, c. 749; 2022, c. 525; 2022, Sp. Sess. I, c. 19.