REGULATION NO.1 - DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION - Section 401.1 Prohibition Against Disclosure

Sep 21, 2026

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Regulation No. 1 (as amended) establishes the disclosure rules for official records and information under Part 401, Chapter II, Title 20 of the U.S. Code of Federal Regulations. It prohibits direct or indirect disclosure of specified returns, records, reports, papers, and information received by or from the Department and covered entities, except as expressly authorized. It also sets authority for refusal to disclose and identifies categories of information that may be disclosed, including conditional disclosures to claimants, representatives, physicians, and medical institutions for permitted purposes.

LanguageEnglish

CategoryResearch & Report

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Pages16

Reading Time40 min

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Section 401.1 Prohibition Against Disclosure.

Section 401.2Authority for Refusal to Disclose.

Section 401.3Information Which May Be Disclosed and to Whom.

Definitions

Section 401.4

Section 401.5Payment for Information in General.

Section 401.6Paymentfor Information in Specific Cases.

REGULATION No.1 (AS AMENDED) DISCLOSURE OF OFFICIAL RECORDS ANDINFORMATION (PART 401,CHAPTER II,TITLE 20,CODE OFFEDERAL REGULATIONS) LAW KF 3644 .72 U55 1967 CONTENTS Section 401.1 Prohibition Against Disclosure. 401.2Authority for Refusal to Disclose. 401.3Information Which May Be Disclosed and to Whom. Definitions 401.4 401.5Payment for Information in General. 401.6Paymentfor Information in Specific Cases. KF694.72u5519167 # REGULATION NO.1* (AS AMENDED) # DISCLOSURE OF OFFICIALRECORDS AND INFORMATION Section 401.1 Prohibition Against Disclosure.—No disclosure of(a)any return or portion of a return(including information returnsor other written statements)filed with the Commissioner of InternalRevenue under title VIII of the Social Security Act,the Federal In-surance Contributions Act or the Self-Employment ContributionsActs,or under regulations made under authority thereof,which hasbeen transmitted to the Department of Health,Education,and Wel-fare by the Commissioner of Internal Revenue,or(b)any file,record,report,or other paper or any information obtained at any time by orfrom the Department or any officer or employec of the Department,or'any person,agellcy,or organization with whom the Social SecurityAdministration has entered into an agreement to perform certain func-tions in the administration of title II or title XVIII of the SocialSecurity Act,which in any way relates to,or is necessary to,or is usedin or in connection with,the administration of the old-age,survivors,disability,or health insurance programs conducted pursuant to titlesII and XVIII of the Social Security Act,shall be made directly orindirectly except as hereinafter authorized by this part or as otherwiseexpressly authorized by the Commissioner of Social Security. Section 401.2 Authority for Refusal To Disclose.—Any requestor demand for any such file,record,report,or otler paper,or infor-mation,disclosure of which is forbidden by this part,shall be declinedupon authority of the provisions of section 1106 of the Social SecurityAct,and this part prescribed thereunder.If any officer or employee ofthe Department is sought to be required,by subpena or other compul-sory process,to produce such file,record,report,or other paper,or givesuch information,he shall respectfully decline to present such file,record,report,or other paper,or divulge such information,basing hisrefusal upon the provisions of law,and this part prescribed thereunder. 2 Section 401.3 Information Which May Be Disclosed and toWhom.—Disclosure of any such file,record,report,or other paper,orinformation,is hereby authorized in the following cases and for thefollowing purposes: (a)(1)As to information(except medical information)directlyconcerning any claimant or prospective claimant for benefits or pay-ments under title II or title XVIII of the Social Security Act;(i)To such claimant or prospective claimant or his duly authorizedrepresentative;or (ii)To others or to the public but only if such claimant or prospec-tive claimant or his duly authorized representative authorizes dis-closure of such information and such disclosure is consistent with theproper and efficient administration of the Act;or (2)As to medical information directly.concerning any claimant orprospective claimant for benefits or payments under title II of theSocial Security Act; (i)To such claimant or prospective claimant or his duly authorizedrepresentative,but only if disclosure of such medical information isreasonably necessary for a title II purpose;or (ii)To such claimant's or prospective claimant's physician or to amedical institution at or of which such claimant or prospective claim-ant is a patient,but only if(A)such claimant or prospective claimantor his duly authorized representative consents to the disclosure of suchinformation,(B)the source of such information,or if such source isnot available,a physician in the employ of the Department,consentsto such disc

FAQs

What is the general rule regarding disclosure under Section 401.1?

No disclosure is allowed of covered returns, files, records, reports, papers, or related information except as otherwise expressly authorized by the Commissioner of Social Security or by the rules in this part.

Under what authority are requests for disclosure refused?

Requests to disclose materials covered by this part are declined under the provisions of section 1106 of the Social Security Act, as implemented by this part. Department officers or employees must decline to produce or divulge such materials based on the law and this part even if compelled by subpoena.

When may information be disclosed under Section 401.3?

Disclosure is authorized in specified cases and purposes, including conditional disclosure of information directly concerning claimants or prospective claimants, and medical information only when reasonable for the relevant Title II or Title XVIII purpose and other stated conditions are met.

Sep 21, 2026

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