Clarification/Follow-up by powderpuff on 12/25/07 11:56 am:
Yes, very interesting situation. Let me know how you come out with the dreaded DMV.

I was under the impression SS was manditory, and I'm very curious finding out that it is voluntary and what that actually means for anyone not willing to voluntarily join up with Social Security.

Clarification/Follow-up by powderpuff on 12/25/07 12:22 pm:

My guess is the DMV will tell you that you MUST get a social security number before you can get a driver's license. They will state their case:

§ 7 of the Privacy Act of 1974, 88 Stat. 1896, Sec. 7. (a)(1) It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number.


"(2) the provisions of paragraph (1) of this subsection shall not apply with respect to-- (NOTE: Federal law now expressly allows the SSN to be used for a few other purposes; see 42 U.S.C. §405(c)(2)(C)(i):"It is the policy of the United States that any State may, in the administration of any tax, general public assistance, driver's license, or motor vehicle registration law within its jurisdiction, utilize the social security account numbers issued by the Commissioner of Social Security for the purpose of establishing the identification of individuals affected by such law, and may require any individual who is or appears to be so affected to furnish to such State or any agency thereof having administrative responsibility for the law involved, the social security account number issued to him by the Commissioner of Social Security.")

The question is, does this law over ride your right not to join social security. Having a driver's license is a privilage and not a right, so legally they can deny you a license if you fail to meet their requirements. Because, after all, you are free to join SS. Maybe it is a cleaver way for the government to insure as many people as possible sign up for SS.

Clarification/Follow-up by graeylin on 12/25/07 3:49 pm:
essentially, if you do not join social security, you simply do not get any benefits from the program. You will continue to pay into it, you just can't claim the benefits in the end. Should you retire, become disabled, etc., you get nothing from the SSA.

My current interpretation of the California law is that they require that we disclose our SSN prior to getting a license. However, i cannot disclose something I don't have, so can they compel me to obtain something, simply so i can disclose it?

For instance, some religions forbid social security, and their members are exempted from the system, and getting a number. Does that mean the state of California can force them to abridge their religous vows in order to apply for a license?

Also, all these laws simply speak to the use of the number being legal... not the requirement to have one.