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New Tennessee Law Prohibits Using Federal Individual Taxpayer ID as Proof of Immigration Status

I recently did a very interesting project doing a data flow analysis and risk assessment of I-9 documents processing for a large multi-national company.

I-9 documents are necessary to ensure that the Department of Homeland Security (DHS) rules, as defined within 8 CFR Part 274a, “Electronic Signature and Storage of Form I-9, Employment Eligibility Verification.”

This generally addresses how to verify the identity of folks working within the U.S. who are not U.S. citizens and do not have social security numbers (SSNs).

So I was interested to see some related news.

On May 24 the governor of Tennessee, Phil Bredesen, signed into law Public Act 07-220, effective upon his signature.

Under this new law Tennessee businesses must reject the taxpayer identification number and request documentation required by the DHS, which you can find within the second link I provided. This prohibition is limited to potential new hires.

A federal tax identification number is very similar to an SSN; as the new Tennessee law states:

"“Individual taxpayer identification number” means a tax processing number issued by the federal internal revenue service for the purpose of facilitating federal tax reporting by those individuals who are not eligible to obtain a federal social security number. An individual taxpayer identification number is a nine-digit number that has the appearance of a federal social security number (xxx-xx-xxxx), but that always begins with the number nine (9) and includes the number seven (7) or eight (8) as the fourth digit (9xx-7x-xxxx). An individual taxpayer identification number is issued regardless of immigration status and is not a valid form of identification for any purpose other than federal tax processing."

Are you a Tennessee business? Be sure your HR folks know about this.

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Rebecca Herold's Bio:

Rebecca Herold,CISSP, CIPP, CISM, CISA, FLMI, has been providing information security, privacy and regulatory assistance and services to organizations from a wide range of industries for over 18 years. Rebecca was instrumental in building the information security and privacy program while at Principal Financial Group, which was awarded the CSI Information Security Program of the Year Award in 1998. IT Security ranked Rebecca as one of the top 59 IT security influencers, and Computerworld put Rebecca their list of the 25 top privacy experts and on their list of the 9 best privacy consulting firms. Rebecca has been CPO for two consulting organizations, and has had her own information privacy, security and compliance business since 2004. Rebecca has written chapters for several books, dozens of articles, and has been writing a monthly privacy column for the CSI Alert newsletter since the beginning of 2001, and is working on her 11th book. Some of her other books include The Privacy Papers, Managing an Information Security and Privacy Awareness and Training Program, The Definitive Guide to Security Inside the Perimeter (Realtime Publishers), The Shortcut Guide to Improving IT Service Support through ITIL (Realtime Publishers), and The Practical Guide to HIPAA Privacy and Security Compliance. In addition, Rebecca is the leader of The Realtime IT Compliance Community where she posts to her IT Compliance weblog. You can contact Rebecca at: rebecca_herold@realtimepublishers.net.