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<section article="gle" article_name="Labor and Employment" number="8-111" title_number="8" title_name="Unemployment Insurance" subtitle_number="1" subtitle_name="Definitions; General Provisions">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>The confidentiality provisions of this title shall be interpreted in a manner that ensures compliance with federal law.</text>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <text>The confidentiality provisions of this title do not apply to:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>public domain information; or</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="e">
    <text>The Secretary shall disclose confidential unemployment insurance information:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>as otherwise required under federal law, including 20 C.F.R. §§ 603.6(b) and 603.22; and</text>
    </level>
    <level label="3">
      <text>as otherwise provided under this title in accordance with federal law.</text>
    </level>
  </level>
  <level label="f">
    <text>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.</text>
  </level>
  <level label="g">
    <text>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:</text>
    <level label="1">
      <text>for purposes not related to the unemployment insurance program, information about an individual to the individual, or about an employer to the employer;</text>
    </level>
    <level label="2">
      <text>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;</text>
    </level>
    <level label="3">
      <text>to a public official for use in the performance of official duties;</text>
    </level>
    <level label="4">
      <text>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;</text>
    </level>
    <level label="5">
      <text>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;</text>
    </level>
    <level label="6">
      <text>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;</text>
    </level>
    <level label="7">
      <text>to an attorney who is representing a claimant or an employer in an unemployment insurance claim; and</text>
    </level>
    <level label="8">
      <text>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:</text>
      <level label="i">
        <text>the third party obtains a written release from the individual or employer to whom the confidential unemployment insurance information pertains;</text>
      </level>
      <level label="ii">
        <text>the written release is signed and includes:</text>
        <level label="1">
          <text>a statement specifically identifying:</text>
        </level>
        <level label="A">
          <text>the confidential unemployment insurance information to be disclosed;</text>
        </level>
        <level label="B">
          <text>that State government files will be accessed to obtain the confidential unemployment insurance information; and</text>
        </level>
        <level label="C">
          <text>the specific purpose for which the confidential unemployment insurance information is sought; and</text>
        </level>
        <level label="2">
          <text>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</text>
        </level>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The Secretary may choose to provide the confidential unemployment insurance information to an official under this subsection without the actual issuance of a subpoena.</text>
    </level>
  </level>
  <level label="i">
    <text>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:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>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;</text>
    </level>
    <level label="3">
      <text>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;</text>
    </level>
    <level label="4">
      <text>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;</text>
    </level>
    <level label="5">
      <text>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;</text>
    </level>
    <level label="6">
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
    </level>
    <level label="7">
      <text>the recipient shall maintain a system sufficient to allow an audit of compliance by the Department; and</text>
    </level>
    <level label="8">
      <text>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.</text>
    </level>
  </level>
  <level label="j">
    <text>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:</text>
    <level label="1">
      <text>to the individual or employer who is the subject of the confidential unemployment insurance information;</text>
    </level>
    <level label="2">
      <text>to an attorney or other duly authorized agent representing the individual or employer;</text>
    </level>
    <level label="3">
      <text>in any administrative, civil, or criminal proceedings for or on behalf of a recipient agency or entity;</text>
    </level>
    <level label="4">
      <text>in response to a subpoena only as provided in 20 C.F.R. § 603.7;</text>
    </level>
    <level label="5">
      <text>to an agent or contractor of a public official if:</text>
      <level label="i">
        <text>the person redisclosing is a public official;</text>
      </level>
      <level label="ii">
        <text>the public official retains responsibility for the uses of the confidential unemployment insurance information by the agent or contractor; and</text>
      </level>
      <level label="iii">
        <text>the confidential unemployment insurance information redisclosed is subject to the safeguards in subsection (i) of this section;</text>
      </level>
    </level>
    <level label="6">
      <text>from one public official to another if the information redisclosed is subject to the safeguards in subsection (i) of this section;</text>
    </level>
    <level label="7">
      <text>to any agent of a child support enforcement unit if:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>the agent complies with the safeguards in subsection (i) of this section; and</text>
      </level>
    </level>
    <level label="8">
      <text>when specifically authorized by a written release that meets the requirements of subsection (g)(8) of this section.</text>
    </level>
  </level>
  <level label="k">
    <text>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.</text>
  </level>
</section>
