Pennsylvania's Bureau of Driver's Licensing
Bureau of Driver’s Licensing
August 19, 1998
Sirs,
Last week I applied for a Pennsylvania Driver's license, having recently moved
from Maryland. I went to the York licensing office, and was assisted by Mr.
[driver's licensing assistant]. I was asked to provide my current out of state
license, a check or money order for $24.00, and a Social Security Number.
I presented both the driver's license and payment, but did not provide a Social
Security Number. I am aware of my rights under the Privacy Act of 1974, which
prohibits Pennsylvania from denying me any "right, benefit, or privilege" solely
for failure to furnish a Social Security Number unless there is a federal statute
that requires the disclosure, or the Commonwealth of Pennsylvania has been
collecting Social Security Numbers as part of its driver’s license application
procedure prior to 1975. My information is that the latter is not the case.
Furthermore, I believe the Privacy Act of 1974 requires every government agency,
upon requesting a Social Security Number from an individual, to inform that person
of the statutory authority by which the request is made. Mr. [driver's license
assistant] did provide me with section 1510(a) of the Pennsylvania Vehicle Code,
but of course, that is not federal as required by the Privacy Act.
Because Mr. [driver's license assistant] was unable to provide me any federal
statute, to protect my rights under federal law, I refused to respond to his
request for a Social Security Number. Nonetheless, Mr. [driver's license
assistant] refused to process my application for a Pennsylvania Driver's
license, even though I presented written copies of the Privacy Act which
clearly states that such refusal is unlawful.
According to the literature at the licensing office, drivers are supposed to
obtain a Pennsylvania driver's license within 60 days of moving into the state.
If so, then this is an urgent matter and I must ask that you respond within 10
days of receiving this letter, and inform me:
1. what federal statutory authority authorizes you to request a Social Security
Number, and if such authority exists,
2. what federal statutory authority authorizes you to refuse a driver’s
license to those that refuse to give a Social Security Number.
In lieu of this, please provide me information on how the Privacy Act of 1974
is to be correctly applied to the Commonwealth of Pennsylvania.
For your reference, I am enclosing a copy of section
7 of the Privacy Act of 1974[*] as well as a copy of a
letter I received from the Social Security Administration which verifies to
my satisfaction that you are required to comply with the Privacy Act. I gave
copies of both of these documents to Mr. [driver's license assistant].
Thank you for your time. I look forward to your prompt response.
[*] I sent the completely unannotated versions of the two legal cites
on this page.
PO Box 68618
Harrisburg, PA 17106
Cornelius J. McIver
[address]
enclosures
All information presented here is done so under the protection of the First, Fourth, Ninth, and Tenth Amendment of the United States Constitution, and article I section 2 of the Constitution of the Commonwealth of Pennsylvania. Furthermore, as established in the famous trial of William Penn in August 1670, and contrary to the unlawful instructions given by most American judges, in addition to judging the facts of a case, juries also have the right and duty to pass judgement on the law (meaning they may acquit a violator of the law if they believe the law in question is unconstitutional, immoral, just plain stupid, or if the penalty is deemed too harsh). Juries are also lawfully free to vote according to their conscience, above all other considerations.