Texas AG issues records mandate.

• Author: Swartz, Nikki
• Position: UP FRONT: News, Trends & Analysis

In Texas, it is now a crime for government officials to release public records containing Social Security numbers.

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According to a recent legal opinion issued by Texas Attorney General Greg Abbott, county clerks could face six months in jail and a $1,000 fine for releasing records to the public that contain Social Security numbers.

In a decision that will have profound implications for Texas officials--and may even spur similar rules in other U.S. states--Abbott made it mandatory for county clerks and other government officials to remove Social Security numbers from public documents before distributing them in an attempt to prevent easy access by identity thieves and others who may misuse the numbers to access individuals' bank accounts and personal information.

Some county officials told The Houston Chronicle that complying with the rule may cost local taxpayers millions, including extra hours of labor to remove Social Security numbers from government documents. Others predicted that public officials' efforts to comply with state and federal privacy laws might cause lending delays for homebuyers and those trying to dose commercial real estate deals.

According to the Chronicle, Texas' public information law was amended two years ago to state that county clerks "may" remove Social Security numbers on documents they archive and distribute to the public. Abbott, citing other portions of state law and federal law, said Texans have a right to keep their Social Security numbers private. Therefore, county officials are required to delete them before releasing documents to the public.

For county clerks, these documents largely involve real estate titles and liens but also include birth and death certificates and marriage licenses.

Abbott's decision could require combing through public records going back to the 1930s, when the Social Security system was created. No one is sure what it will cost counties to comply.

Abbott's mandate states that disclosure of confidential information such as Social Security numbers is a criminal offense under the Texas Public Information Act--and that applies to all county clerk records.

Clerks are not required to redact Social Security numbers from original, certified documents, but they are required to remove the numbers and note they...