Best Practice Series Use of the Social Insurance Number in the Employment Screening Industry Michelle Leblond

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1 Best Practice Series Use of the Social Insurance Number in the Employment Screening Michelle Leblond Approved for publication by the NAPBS Board of Directors on March 19, 2014

2 2 NAPBS Copyright Notice and Disclaimer Version 1.1 February 2014 (the NAPBS License or the License ) This document is published by the National Association of Professional Background Screeners (NAPBS). Copyright All rights reserved. NAPBS is a trade name of the National Association of Professional Background Screeners. No derivative work or altered versions of a Work by NAPBS may be trademarked or labeled in reference to NAPBS or any of its trademark(s) or service mark(s) without NAPBS s prior written approval. DISCLAIMER: The following information is provided by NAPBS for general educational and informational purposes only and is not legal advice, expressed or implied. If you need legal advice, consult with a qualified licensed attorney.

3 3 Table of Contents Background... 4 Considerations... 4 Recommended Position... 4 Remeditiation of Concerns... 5 Legislative Uses of the SIN... 5 Authorized Uses... 6 Resources... 6

4 4 Background The Social Insurance Number (SIN) is a unique 9 digit number to be kept confidential by the individual to whom it was assigned and restricted only to income reporting and other very specific governmental reporting purposes. More common permissible programs which may include a need for the SIN are records of employment, T4 slips for income tax and Canadian Pension Plan (CPP) purposes, requirements under the Income Tax Act (i.e. interest earning accounts, RRSPs, student loans), Canadian Student Loans, and Tax Rebate Regulations. (See Legislated Uses Summary later in this document) Organizations often ask for the SIN as a method of identification when other identification tools may be more appropriate. Many also incorrectly assume it is comparable to a U.S. Social Security Number. No private sector organization is legally authorized to request the SIN for purposes other than those listed above and there is no obligation for the individual to supply it. That being said, there is also no law prohibiting an organization from asking for the SIN or from the individual providing the SIN for purposes other than for which it was originally intended. Considerations The SIN is considered personal information under PIPEDA and is integral in identifying an individual and as such, is a valuable tool in the effort to steal an applicant s identity. Therefore, it is imperative this information be treated as sensitive personally identifiable information and be treated in the manner such sensitivity requires. The SIN should not be required for any service provided by a background screening company, with the rare exception of the SIN validation service (see comments below). Recommended Position Any organization should carefully consider the collection, use and disclosure of SIN information in their daily operations, as well as with third parties such as background screening companies. The position has long been held that the SIN should not be used as a general identifier by screening organizations and that whenever possible another identifier be used to confirm the provided information belongs to the applicant in question. Suggested examples of information to be used instead of the SIN would be to request a student number for education verifications, an employee number for employment verifications or requesting credit reports with full address information, including postal code. In any case where an organization chooses to request this information, they are strongly advised to respect any requirements of PIPEDA and/or any provincial or territorial privacy acts to which their business may be subject. The best practices to be observed are to ensure the individual is clearly informed of the purpose for collecting the SIN before they provide any such

5 5 information, that they consent to its use and that it only be used for the purposes for which it was requested. Based on these practices, organizations are required to demonstrate that either the SIN is required by law or that no alternative identifier would suffice to confirm the individual s identity. By extension, the individual reserves the right to decide whether they disclose this information and therefore cannot be denied service, opportunity or product if they do not provide their SIN. Since employers are allowed to collect the SIN for income tax reporting purposes, they are allowed to verify that the SIN is valid. The validation of the SIN is typically done with entry of any new employee into a payroll program. The SIN Validation is a service offered by some background screening organizations and only serves to validate the number but does not confirm it belongs to the applicant and as such may be deemed to be of little value, especially when compared to the privacy impact and risk associated with collection of such PII. Employers may also contact Service Canada s Social Insurance Registration Office in order to verify the number. The best practice is to ask the applicant if they are eligible to work in Canada, which by default requires that they be in possession of a valid SIN against which they will be paid. Remediation or Concerns If an organization or individual is unsure of the manner in which the SIN should be used, they are encouraged to contact the Privacy Commissioner of Canada s office directly for the appropriate guidance. Legislated uses of the SIN (legislation that regulates its use) include: Canada Pension Plan, Old Age Security and Employment Insurance contributions or claims (the original purposes for the SIN); Income Tax identification; Banks, trust companies, caisse populaires and stockbrokers when they sell you financial products (GICs or Canada Savings Bonds) or services (bank accounts) that generate interest. They declare your interest to Canada Revenue Agency (CRA) for income tax purposes; Various Veterans Affairs benefit programs; Canada Student Loans or Canada Student Financial Assistance; Canada Education Savings Grants;

6 6 Gasoline and Aviation Gasoline Excise Tax Applications; Canadian Wheat Board Act; Labour Adjustment Benefits Act; Tax Rebate Discounting Regulations; Race Track Supervision Regulations; Garnishment Regulations (Family Orders and Agreements Enforcement Assistance Act); Canada Elections Act; Canadian Labour Standards Regulations (Canada Labour Code); Farm Income Protection. Programs authorized to use the SIN: Immigration Adjustment Assistance Program; Income and Health Care Programs; Income Tax Appeals and Adverse Decisions; Labour Adjustment Review Board; National Dose Registry for Occupational Exposures to Radiation; Rural and Native Housing Program; Social Assistance and Economic Development Program Resources: Office of the Privacy Commissioner of Canada Best Practice for use of the Social Insurance Numbers in the private sector Fact Sheet Office of the Privacy Commissioner of Canada Social Insurance Number Fact Sheet Joint Publication by Office of the Information & Privacy Commissioner of Alberta and Office of the Information & Privacy Commissioner for British Columbia Use of Social Insurance Numbers by Private Sector Organizations