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Safeguarding Data/ Disclosure Limits

Safeguarding Data/ Disclosure Limits. Learning Objectives. Describe and discuss who is authorized to access information from the FPLS and for what authorized purposes Discuss Social Security Acts sections §453 and §463 and describe access and penalties described therein

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Safeguarding Data/ Disclosure Limits

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  1. Safeguarding Data/ Disclosure Limits

  2. Learning Objectives • Describe and discuss who is authorized to access information from the FPLS and for what authorized purposes • Discuss Social Security Acts sections §453 and §463 and describe access and penalties described therein • Identify the Internal Revenue Codes (IRCs) that are applicable to authorized access and the applicable penalties.

  3. Requests for Information from the FPLS • Requesting information from the FPLS requires a two-pronged test . . . Who? Why?

  4. Section 453 • WHO? • IV-D Agency • Child Support Court • CP, Legal Guardian, Attorney (Non-TANF Case) • State Foster Care or Child Welfare Agency

  5. Section 453 • WHEN? • Establishing parentage • Establishing, setting modifying or enforcing child support obligations • WHAT? • Location • Wage and employment • Assets

  6. Section 463 • WHO? • Agent of State Attorney with authority to enforce custody and visitation • Court with jurisdiction over custody and visitation • US Agent or Attorney with authority to investigate, enforce, or bring prosecution in parental kidnapping cases

  7. Section 463 • WHEN? • Enforcing laws in parental kidnapping cases • Making or enforcing a child custody or visitation determination • WHAT? • Most Recent Address • Place of Employment

  8. “Laws That Govern What We Do and Can’t Do” • Title IV-D of the Social Security Act • Imposes restrictions on the use and disclosure of information in the FPLS • Requires the Secretary of HHS to impose administrative penalties and fines for unauthorized access or disclosure of data • Requires the Secretary of HHS to establish and implement safeguards to ensure accuracy and restrict access to information in the FPLS

  9. “Laws That Govern What We Do and Can’t Do” • Internal Revenue Code 6103 • IRC Code 6103(p)(4) • IRC Code 7213 • IRC Code 7213(a)

  10. Unauthorized Disclosure of FTI IRC Section 7431 • $1,000 fine per act/incident • All court costs incurred

  11. Unauthorized Disclosure of FTI IRC Section7213(a) • A fine up to any amount not exceeding $1000, or imprisonment of not more than 1 year, or both, together with the costs of prosecution IRC Section 7213 • A fine up to $5,000 • Imprisonment up to 5 years • Both, together with cost of prosecution

  12. Sign the Non-Disclosure Oath

  13. Thank You!!!

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