Suit claims invasion of privacy
State official wants to protect Social Security numbers

What's next    * U.S. District Judge Robert Holmes Bell will schedule a hearing on Michigan's suit.    * The state could lose about $1 billion annually from the U.S. Department of Health and Human Services for not following the new law.    * Secretary of State Candice Miller predicts the state will prevail -- or comply with the law before losing federal funds.

By Charlie Cain / News Lansing Bureau Chief

    LANSING -- Secretary of State Candice Miller Thursday sued the federal government to block a new law that would force Michigan to collect Social Security numbers from nearly 7 million motorists, which she calls a privacy invasion.
   "I feel very strongly that the role of government should be to protect your personal privacy, not to be invading (it). No wonder people are afraid and they talk about Big Brother watching them," Miller said shortly after a suit was filed on her behalf in U.S. District Court in Grand Rapids.
   At issue is a provision in federal law that took effect Oct. 1, requiring states to gather Social Security numbers from applicants seeking or renewing driver's licenses. It's a little-noted portion of the 1997 welfare reform act, designed to help recover overdue child support from deadbeat parents.
   Miller said Michigan already does better than most states in collecting support payments. And she feels that creating another database with Social Security numbers could add to the growing crime of identify theft.
   Pam Carter, a Washington spokeswoman for the U.S. Department of Health and Human Services, said she couldn't comment in detail on the suit beyond noting that Michigan is the only state not complying.
   An exemption request was rejected twice.
   Michigan faces the potential loss of about $1 billion annually for disobedience, though no federal grants would not be withheld while the case is pending. If she loses in court, Miller said, she'd comply to avoid the financial loss.
   No hearing date has been set.
   Michigan's suit argues the exemption should be granted because the law violates the U.S. and state constitutional guarantees against invasion of privacy; represents an unfunded federal mandate; and violates the 10th Amendment by requiring a state to administer a federal regulatory program.
   Miller said the IRS already maintains Social Security numbers and would be the ideal agency to concern itself with collecting support payments.
   

You can reach Charlie Cain at (517) 371-3660 or ccain@detnews.com.

source:  http://detnews.com/2001/metro/0101/05/c01-171994.htm