§ 8–111
Statutes in effect as of October 1, 2026.
Md. Code Ann., Lab. & Empl. § 8-111 (2026)
Title 8. Unemployment Insurance
Subtitle 1. Definitions; General Provisions
§ 8–111LinkCopy Citation
(a)
For purposes of this section, “federal law” means the federal law governing the unemployment insurance program, including the Social Security Act, the Federal Unemployment Tax Act, and related regulations promulgated by the U.S. Department of Labor, including 20 C.F.R. Part 603.
(b)
The confidentiality provisions of this title shall be interpreted in a manner that ensures compliance with federal law.
(c)
Except as otherwise provided under federal or State law, any unemployment insurance information in the Department’s records that reveals the name or other identifying information about an individual or a past or present employer or employing unit, or that could foreseeably be combined with other publicly available information to reveal any such information, is confidential and may not be disclosed.
(d)
The confidentiality provisions of this title do not apply to:
(1)
the disclosure of information that is necessary for the proper administration of the unemployment insurance program, including the disclosure of information to a claimant and employer related to a claim for benefits involving that claimant and that employer;
(2)
public domain information; or
(3)
information collected exclusively for statistical purposes under a cooperative agreement with the U.S. Bureau of Labor Statistics, any other information transferred to the U.S. Bureau of Labor Statistics under an agreement, or the U.S. Bureau of Labor Statistics’ disclosure or use of such information.
(e)
The Secretary shall disclose confidential unemployment insurance information:
(1)
as necessary for the proper administration of the unemployment insurance program, including disclosing information to a claimant and employer related to a claim for benefits involving that claimant and that employer;
(2)
as otherwise required under federal law, including 20 C.F.R. §§ 603.6(b) and 603.22; and
(3)
as otherwise provided under this title in accordance with federal law.
(f)
To the extent necessary for proper presentation of a claim, the Secretary, the Lower Appeals Division, and the Board of Appeals shall provide confidential unemployment insurance information to a claimant or an employer at a hearing before a hearing examiner, a special examiner, the Secretary, or the Board of Appeals pertaining to that claimant and that employer.
(g)
At the Secretary’s discretion, and if the disclosure does not interfere with the efficient administration of the unemployment insurance program, the Secretary may authorize the following disclosures of confidential unemployment insurance information in accordance with federal law:
(1)
for purposes not related to the unemployment insurance program, information about an individual to the individual, or about an employer to the employer;
(2)
final decisions, and records of hearings that led to final decisions, of the Lower Appeals Division and the Board of Appeals, if all Social Security numbers have been removed;
(3)
to a public official for use in the performance of official duties;
(4)
to an agent or contractor of a public official for use in the performance of the public official’s official duties, if the public official retains responsibility for the uses of the confidential unemployment insurance information by the agent or contractor;
(5)
to an authorized representative, other than an attorney, of a claimant or an employer if the authorized representative presents a written release from the claimant or employer being represented;
(6)
to an elected official performing constituent services, if the official presents reasonable evidence, such as a letter from the individual or employer requesting assistance or a written record of a telephone request from the individual or employer, that the individual or employer has authorized the disclosure;
(7)
to an attorney who is representing a claimant or an employer in an unemployment insurance claim; and
(8)
to a third party that is not acting as an agent or that receives confidential unemployment insurance information following an informed consent disclosure on an ongoing basis, even if the individual or entity is an agent, but only if:
(i)
the third party obtains a written release from the individual or employer to whom the confidential unemployment insurance information pertains;
(ii)
the written release is signed and includes:
(1)
a statement specifically identifying:
(A)
the confidential unemployment insurance information to be disclosed;
(B)
that State government files will be accessed to obtain the confidential unemployment insurance information; and
(C)
the specific purpose for which the confidential unemployment insurance information is sought; and
(2)
a statement that confidential unemployment insurance information obtained under the release will be used only for that purpose and identifying all parties who may receive the confidential unemployment insurance information disclosed; and
(iii)
the purpose specified in the release is limited to providing a service or benefit to the individual signing the release that the individual expects to receive as a result of signing the release or carrying out administration or evaluation of a public program to which the release pertains.
(h)
(1)
The Secretary may disclose confidential unemployment insurance information in response to a subpoena issued by a local, State, or federal government official, other than a clerk of court on behalf of a litigant, with authority to obtain the confidential unemployment insurance information by subpoena under federal or State law.
(2)
The Secretary may choose to provide the confidential unemployment insurance information to an official under this subsection without the actual issuance of a subpoena.
(i)
Confidential unemployment insurance information disclosed to a third party that is not acting as an agent or that receives confidential unemployment insurance information following an informed consent disclosure on an ongoing basis, even if the individual or entity is an agent, to a public official, to an agent or contractor of a public official, to a requesting agency and as required under 20 C.F.R. § 603.6(b)(1) through (4), (6), and (7)(i), shall be safeguarded against unauthorized access as follows:
(1)
the recipient shall use the confidential unemployment insurance information exclusively for the purposes for which it was disclosed and consistent with a written agreement with the Department;
(2)
the recipient shall store and process the confidential unemployment insurance information electronically and physically in such a way to ensure that it is secure from access by unauthorized persons by any means;
(3)
the recipient shall undertake precautions to ensure that only authorized personnel, including employees, agents, and contractors, are given access to disclosed confidential unemployment insurance information stored in computer systems;
(4)
the recipient shall instruct all personnel, including any employees, agents, and contractors, having access to the disclosed confidential unemployment insurance information about the confidential nature of the information, the confidentiality requirements of federal and State law, and the sanctions under State law for unauthorized disclosure of the confidential unemployment insurance information;
(5)
the recipient shall sign an acknowledgment that all personnel, including any employees, agents, and contractors, having access to the confidential unemployment insurance information have been instructed in accordance with this section, will adhere to the State’s confidentiality requirements and procedures, and agree to report any infraction of these requirements to the Department fully and promptly;
(6)
(i)
the recipient shall dispose of confidential unemployment insurance information disclosed or obtained, and any copies of the disclosed or obtained confidential unemployment insurance information made by the recipient, including by employees, agents, and contractors, after the purpose for which the confidential unemployment insurance information is disclosed is served, except for disclosed confidential unemployment insurance information possessed by any court; and
(ii)
the confidential unemployment insurance information disclosed may not be retained with personal identifiers for longer than the period of time as the Department deems appropriate on a case–by–case basis;
(7)
the recipient shall maintain a system sufficient to allow an audit of compliance by the Department; and
(8)
the recipient, and any of its employees, agents, and contractors, may not redisclose confidential unemployment insurance information except as specifically authorized by the Secretary in accordance with a written agreement.
(j)
In accordance with federal law, the Secretary may authorize a recipient of confidential unemployment insurance information under 20 C.F.R. § 603.6(b)(1), (2), (3), (4), (6), or (7)(i), 20 C.F.R. § 603.22, or subsection (g)(3), (4), or (8) of this section to redisclose the confidential unemployment insurance information only:
(1)
to the individual or employer who is the subject of the confidential unemployment insurance information;
(2)
to an attorney or other duly authorized agent representing the individual or employer;
(3)
in any administrative, civil, or criminal proceedings for or on behalf of a recipient agency or entity;
(4)
in response to a subpoena only as provided in 20 C.F.R. § 603.7;
(5)
to an agent or contractor of a public official if:
(i)
the person redisclosing is a public official;
(ii)
the public official retains responsibility for the uses of the confidential unemployment insurance information by the agent or contractor; and
(iii)
the confidential unemployment insurance information redisclosed is subject to the safeguards in subsection (i) of this section;
(6)
from one public official to another if the information redisclosed is subject to the safeguards in subsection (i) of this section;
(7)
to any agent of a child support enforcement unit if:
(i)
the agent is under contract with the unit for the purposes of establishing and collecting child support obligations from and locating individuals owing such obligations; and
(ii)
the agent complies with the safeguards in subsection (i) of this section; and
(8)
when specifically authorized by a written release that meets the requirements of subsection (g)(8) of this section.
(k)
Any employee or former employee of the Department, and any recipient of confidential unemployment insurance information under subsection (g) of this section, including any employee, agent, or contractor of the recipient, who discloses confidential unemployment insurance information in violation of this title is subject to penalties under Subtitle 13 of this title.