1994 Texas Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagtx0054 and id is 1 raw text is: Office of the Attornep @eneral
6tate of Mexan
DAN MORALES
ATTORNEY GENERAL                       January 27, 1994
Mr. Steve Baker                         Open Records Decision No. 622
City Attorney
City of G~alveston                      Re: Whether social security numbers are
P.O. Box 779                            excepted  from   public  disclosure  under
Galveston, Texas 77553-0779             section 552.101 of the Open Records Act in
conjunction with federal law, and whether
the former home addresses and telephone
numbers of public employees are excepted
from public disclosure under section
552.117(lXA) of the act (RQ-552)
Dear Mr. Baker:
The City of Galveston (the city) has received a request for information under the
Open Records Act, Gov't Code ch. 552 (formerly V.T.C.S. art. 6252-17a),' for the
personnel files of two city employees -- a municipal court judge and a bailiff. You have
asked this office to determine whether various items in the file are protected under several
of the Open Records Act's exceptions to required public disclosure. Your request raises
two questions of first impression for this office; first, whether social security numbers are
excepted from public disclosure under section 552.101 (formerly section 3(a)(1)) of the
Open Records Act in conjunction with a 1990 amendment to the federal Social Security
Act and, second, whether the former home addresses and telephone numbers of public
employees are excepted from public disclosure under section 552.117(1)(A) (formerly
section 3(aXI7)(A)) of the Open Records Act. We address those issues in this formal
oven records decision. The remaining issues will be addressed in an informal open records
ruling.
First, we consider whether social security numbers (SSNs) are excepted from
required public disclosure under section 552.101 of the Open Records Act. Section
552.101 excepts from public disclosure information considered to be confidential by law,
either constitutional, statutory, or by judicial decision. Gov't Code  552.101.
Traditionally, this office has held that SSNs are available to the public under the Open
1The 73rd Legislature repealed article 6252-17a, V.T.C.S. Acts 1993, 73d Leg., ch. 268,  46.
The Open Records Act is now codified in the Government Code at chapter 552. Id.  1. The codification
of the Open Records Act in the Government Code is a nonsubstantive revision. Id.  47.

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