Could a South Carolina municipal officer routinely ask for a driver's Social Security number during a traffic stop?

Plain-English summary

In a May 2007 clarification to Senator John M. Knotts, Jr., the South Carolina Attorney General said municipal officers were not permitted to routinely ask a driver for a Social Security number during a traffic stop. The letter repeated the office's earlier view that such a request could be an unreasonable privacy invasion under South Carolina's freedom of information act and could violate the federal Privacy Act of 1974 and the constitutionally protected right to privacy.

The opinion addressed routine requests made as part of a stop for a traffic offense. It did not assess a particular stop or identify circumstances that might permit a request for the number.

Currency note

This opinion was issued in 2007. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Drivers stopped for traffic offenses

The office's answer was limited to an officer's routine request for a Social Security number during a traffic stop. It said such a request should not be part of the ordinary stop.

Municipal law enforcement officers

The AG tied its conclusion to possible privacy violations. It did not state that every request for a Social Security number in every circumstance was forbidden.

Common questions

Could a municipal officer routinely require a Social Security number during a traffic stop?
No. The AG said officers were not permitted to routinely ask for the number as part of a traffic stop.

Why did the AG object to a routine request?
The opinion identified possible conflicts with South Carolina's freedom of information act, the federal Privacy Act of 1974, and the constitutionally protected right to privacy.

Did the letter decide whether a specific traffic stop violated privacy law?
No. It clarified the office's position on routine requests and supplied no facts about a particular stop.

Background and statutory framework

Senator Knotts sought clarification of an earlier opinion about municipal officers seeking drivers' Social Security numbers. The May 2007 letter adopted that earlier opinion's privacy reasoning without restating its full analysis.

Citations and references

• The opinion quoted its earlier warning about the State's freedom of information act, the federal Privacy Act of 1974, and the constitutionally protected right to privacy.

Official title

Regarding the question of whether a municipal lawenforcement officer is authorized to routinely require a driver to provide his or her social security number upon being stopped for a traffic offense.

Requester

The Honorable John M. Knotts, Jr., Member, SC Senate

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-16-2007-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/knotts-j-m-jr-5-16-07-os-8393-social-security-number-law-enforcement-traffic-offense.pdf

Original opinion text

May 16, 2007

The Honorable John M. Knotts, Jr.
Senator, District No. 23
P. O. Box 142
Columbia, South Carolina 29202
Dear Senator Knotts:
You have asked for clarification as to a recent opinion to you regarding the question of whether a municipal law enforcement officer is authorized to routinely require a driver to provide his or her social security number upon being stopped for a traffic offense. Consistent with the earlier opinion, in the opinion of this office, a municipal law enforcement officer is not permitted to routinely ask a driver to provide his or her social security number upon being stopped for a traffic offense. As stated in the earlier opinion, “[t]o do so could potentially constitute an unreasonable invasion of privacy under this State’s freedom of information act as well as constituting a violation of the federal Privacy Act of 1974 and the constitutionally protected right to privacy.” Therefore, an officer should not routinely request such information as part of a stop for a traffic offense. If there is anything further, please advise. Sincerely, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General