Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.

 Skip to Content

NTIS Mandates New Requirements to Access the Death Master File
July 26, 2016

In June, the National Technical Information Service (NTIS) promulgated a final rule setting out the requirements to become certified to access the Death Master File (DMF). The final rule amends the DMF certification program found in 15 CFR 1110, and was promulgated by NTIS, as delegee of the Secretary of Commerce, under Section 203 of the Bipartisan Budget Act of 2013. It supersedes and replaces an interim rule. 

The DMF is a Social Security Administration database, which contains names, social security numbers, and dates of birth and death for U.S. citizens who have died since 1936.

The final rule states that companies that wish to access the DMF must submit a written attestation from an accredited conformity assessment body (ACAB), as that term is defined in the rule, stating that the company has proper information security systems, facilities, and procedures in place to protect the security of the DMF. The final rule also authorizes the ACAB to conduct periodic audits of companies with access to the DMF. NTIS stated in supplemental information accompanying the announcement of the final rule, however, that companies subject to privacy security requirements laws such as the GLBA, FCRA, and HIPAA, should not be expected to incur the burden of a DMF-specific audit when they have had or will have an appropriate independent assessment or audit performed for other purposes.

The final rule enumerates possible penalties for unauthorized disclosures or use of the DMF. Penalties can include a $1,000 fee payable to the U.S. general fund for each unauthorized disclosure to a non-certified person. The rule takes effect November 28, 2016. Any person or corporation previously certified under the interim rule will need to become recertified in conformity with the final rule’s requirements. 

The author would like to acknowledge the contributions of Laura Wall, summer associate from the University of Florida, in the preparation of the article.
Related Industries
Life, Annuity, and Retirement Solutions
©2024 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.