DWD 149.001 Note Note: Under 20 CFR 603.2 (d) (2) to (5)” `public official' means:
DWD 149.001 Note (2) Public postsecondary educational institutions established and governed under the laws of the State. These include the following:
DWD 149.001 Note (i) Institutions that are part of the State's executive branch. This means the head of the institution must derive his or her authority from the Governor, either directly or through a State WDB (Workforce Development Board), commission, or similar entity established in the executive branch under the laws of the State.
DWD 149.001 Note (ii) Institutions which are independent of the executive branch. This means the head of the institution derives his or her authority from the State's chief executive officer for the State education authority or agency when such officer is elected or appointed independently of the Governor.
DWD 149.001 Note (iii) Publicly governed, publicly funded community and technical colleges.
DWD 149.001 Note (3) Performance accountability and customer information agencies designated by the Governor of a State to be responsible for coordinating the assessment of State and local education or workforce training program performance and/or evaluating education or workforce training provider performance.
DWD 149.001 Note (4) The chief elected official of a local area as defined in WIOA (Workforce Innovation and Opportunity Act) sec. 3(9).
DWD 149.001 Note (5) A State educational authority, agency, or institution as those terms are used in the Family Educational Rights and Privacy Act, to the extent they are public entities.
DWD 149.001(2)(e) (e) “Wage information" means information in the department's unemployment insurance records about wages paid to an individual; the individual's social security number; and name, address, state, and federal employer identification number of the employing unit that paid the wages to the individual.
DWD 149.001 History History: Cr. Register, May, 1993, No. 449, eff. 6-1-93, r. (intro.), (1), (2), (3) and (4), cr. (1), renum. (5) to (2) and am., renum. (6) and (7) to 100.02 (47) and (67), Register, September, 1995, No. 477, eff. 10-1-95; CR 08-019: r. and recr. (2) Register July 2008 No. 631, eff. 8-1-08; CR 18-033: am. (2) (d) Register May 2019 No. 761, eff. 6-1-19.
DWD 149.01 DWD 149.01Purpose. The purpose of this chapter is to implement s. 108.14 (7), Stats., and to comply with 20 CFR Part 603. Under s. 108.14 (7), Stats., the unemployment insurance records made or maintained by the department are confidential and shall be open to public inspection or disclosure only to the extent that the department permits in the interest of the unemployment insurance program. This chapter specifies the conditions and circumstances under which the department may permit unemployment insurance records to be disclosed. This chapter shall be interpreted and applied consistently with the requirements of 20 CFR Part 603.
DWD 149.01 History History: Cr. Register, May, 1993, No. 449, eff. 6-1-93; CR 08-019: am. Register July 2008 No. 631, eff. 8-1-08.
DWD 149.02 DWD 149.02Confidentiality of records.
DWD 149.02(1)(1)Unemployment insurance records made or maintained by the department are confidential and not open to public inspection or disclosure, except as provided in subs. (2) and (3).
DWD 149.02(2) (2)The department may disclose the following unemployment insurance records if the disclosure is in the interest of the unemployment insurance program and does not interfere with the efficient administration of the program:
DWD 149.02(2)(a) (a) Public domain information.
DWD 149.02(2)(b) (b) Appeals records and decisions with personally identifiable information, as defined in s. 19.62 (5), Stats., redacted as provided in s. DWD 140.09.
DWD 149.02(2)(c) (c) Any unemployment insurance record that has been screened to prevent identification of the individual or employing unit that is the subject of the record or which could foreseeably be combined with other publicly available information to reveal any identifying particulars of an individual or employing unit.
DWD 149.02(2)(d) (d) Unemployment insurance records as provided in ss. DWD 149.03 and 149.05.
DWD 149.02(3) (3)The department shall disclose unemployment records as provided in s. DWD 149.04.
DWD 149.02(4) (4)The department shall notify every claimant at the time of application and periodically thereafter that confidential unemployment insurance information pertaining to the claimant may be requested and used for other governmental purposes, including verification of eligibility for other government programs.
DWD 149.02(5) (5)The department shall notify every employer subject to ch. 108, Stats., annually that wage information and other confidential unemployment insurance information may be requested and used for other governmental purposes, including verification of an individual's eligibility for other government programs.
DWD 149.02 History History: Cr. Register, May, 1993, No. 449, eff. 6-1-93; CR 08-019: r. and recr. Register July 2008 No. 631, eff. 8-1-08; CR 18-033: am. (2) (b) Register May 2019 No. 761, eff. 6-1-19.
DWD 149.03 DWD 149.03Disclosure of records to individuals, employing units, their agents, and authorized third parties.
DWD 149.03(1)(1)Claimants and employing units. Except as otherwise provided under s. DWD 140.09, the department shall make the following records available to the following persons upon request:
DWD 149.03(1)(a) (a) An unemployment insurance record concerning an individual is available to that individual.
DWD 149.03(1)(b) (b) An unemployment insurance record concerning an individual's work for an employing unit is available to that employing unit.
DWD 149.03(1)(c) (c) An unemployment insurance record concerning a determination to which an employing unit is identified as a party of interest under s. 108.09, Stats., is available to that employing unit.
DWD 149.03(1)(d) (d) An unemployment insurance record concerning an employing unit's status or liability under ch. 108, Stats., is available to that employing unit.
DWD 149.03(2) (2) Agents and attorneys.
DWD 149.03(2)(a)(a) The department may disclose an unemployment insurance record to an attorney or agent of an individual or employing unit under sub. (1), only if the attorney or agent furnishes a written statement from the individual or employing unit authorizing release of the record or if the department verifies that the attorney or agent represents the individual or employing unit.
DWD 149.03(2)(b) (b) An elected official or the elected official's staff assistant is an agent when acting in response to a constituent's inquiry about an unemployment insurance issue. The department may release only that portion of the records relating solely to the requesting constituent's case.
DWD 149.03(2)(c) (c) A union representative is an agent when acting for a claimant.
DWD 149.03(3) (3) Authorized third parties.
DWD 149.03(3)(a)(a) The department may disclose an unemployment insurance record to an authorized third party that is not an agent of an individual or employing unit if the third party provides a written release signed by the individual or employing unit to whom the information pertains. The release shall contain the following information:
DWD 149.03(3)(a)1. 1. The specific information sought.
DWD 149.03(3)(a)2. 2. The purpose for which the information is sought.
DWD 149.03(3)(a)3. 3. All parties who may receive the information.
DWD 149.03(3)(a)4. 4. A statement that the information obtained under the release will be used only for the purpose provided under subd. 2.
DWD 149.03(3)(a)5. 5. A statement that the department's unemployment insurance files will be accessed to obtain the information.
DWD 149.03(3)(b) (b) The department may disclose an unemployment insurance record under this subsection only if the purpose specified under par. (a) 2. is limited to one or more of the following:
DWD 149.03(3)(b)1. 1. Providing a service to the individual such that the individual expects to receive a benefit as a result of signing the release.
DWD 149.03(3)(b)2. 2. Carrying out administration or evaluation of a public program to which the release pertains.
DWD 149.03 History History: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (1) (intro.) and (2), Register, September, 2000, No. 537, eff. 10-1-00; CR 08-019: am. (title), (1) (a) to (d) and (2), cr. (2) (b) and (c), r. and recr. (3) Register July 2008 No. 631, eff. 8-1-08.
DWD 149.04 DWD 149.04Mandatory disclosure of unemployment insurance records.
DWD 149.04(1)(1)Disclosure required by law. The department shall disclose unemployment insurance records to any person or agency as required by state or federal law.
DWD 149.04(2) (2) Federally-mandated disclosures to certain agencies. The department shall disclose unemployment insurance records to the following:
DWD 149.04(2)(a) (a) The internal revenue service for purposes of unemployment insurance tax administration.
DWD 149.04(2)(b) (b) The U.S. citizenship and immigration services for purposes of verifying an individual's immigration status.
DWD 149.04(2)(c) (c) A federal official for purposes of unemployment insurance program oversight and audits.
DWD 149.04(2)(d) (d) Wage and claim information to the U.S. department of health and human services for purposes of the National Directory of New Hires under 42 USC 653a.
DWD 149.04(2)(e) (e) Any other state to properly administer its unemployment insurance program.
DWD 149.04(2)(f) (f) The name, address, ordinary occupation, and employment status of each recipient of unemployment insurance and a statement of the recipient's rights to further insurance under ch. 108, Stats., to any governmental unit for purposes of administering a program of public works or public assistance through public employment.
DWD 149.04(2)(g) (g) The railroad retirement board.
DWD 149.04(2)(h) (h) Wage and claim information to any government unit in the administration of a food stamp program under 7 USC 2011 to 2029 for purposes of determining an individual's eligibility for and amount of benefits.
DWD 149.04(2)(i) (i) Wage and claim information to any state or local child support enforcement agency for purposes of locating individuals owing child support obligations and establishing and collecting child support.
DWD 149.04(2)(j) (j) Wage and claim information to the U. S. department of housing and urban development or representatives of a public housing agency for purposes of determining an individual's eligibility for benefits or amount of benefits under a housing assistance program of the department of housing and urban development, provided the individual has signed a consent form.
DWD 149.04(2)(k) (k) Wage and claim information to a government unit in the administration of a program funded under Temporary Assistance for Needy Families under 42 USC 601 to 619.
DWD 149.04(2)(L) (L) Wage and claim information to any governmental unit administering the provisions of a Medicaid state plan approved under Title XIX of the Social Security Act.
DWD 149.04(2)(m) (m) Wage and claim information to any governmental unit in the administration of Federal Old–Age, Survivors, and Disability Insurance and Supplemental Security Income for the Aged, Blind, and Disabled.
DWD 149.04(3) (3) Other required disclosures.
DWD 149.04(3)(a)(a) The department shall disclose to the lottery board, upon request, information regarding any delinquency in the payment of contributions under ch. 108, Stats., by any person who desires to contract with the lottery board for the retail sale of lottery tickets as provided under s. 565.10 (3) (b), Stats.
DWD 149.04(3)(b) (b) The department shall disclose wage and claim information to any government unit in the administration of a program of general relief or general assistance.
DWD 149.04(3)(c) (c) The department shall disclose unemployment insurance records to the labor and industry review commission to perform its review functions.
DWD 149.04 History History: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (2) (intro.) and (a), Register, September, 2000, No. 537, eff. 10-1-00; CR 08-019: am. (title) and (1), r. and recr. (2) and (3) Register July 2008 No. 631, eff. 8-1-08.
DWD 149.05 DWD 149.05Permissive disclosure of unemployment insurance records.
DWD 149.05(1)(1)The department may disclose unemployment insurance records to any of the following persons or government units if the department approves the purposes for which the records are requested:
DWD 149.05(1)(a) (a) The United States department of labor, including for purposes of the federal workforce innovation and opportunity act, and the bureau of labor statistics.
DWD 149.05(1)(b) (b) The Unemployment Insurance Advisory Council when reasonably necessary in the course of its duties under s. 108.14 (5), Stats.
DWD 149.05(1)(c) (c) A local, state, Indian tribal, or federal government official, other than a clerk of court on behalf of a litigant, with authority to obtain the information pursuant to a subpoena or court order.
DWD 149.05(1)(d) (d) A public official or its agent or contractor for use in the performance of official duties, including any of the following:
DWD 149.05(1)(d)1. 1. Any division of the department or corresponding unit in another state agency, the government of another state, or the federal government.
DWD 149.05(1)(d)2. 2. Any legislative service agency listed under ch. 13, Stats.
DWD 149.05(1)(d)3. 3. Any taxing authority of the United States or of this state or any of its political subdivisions.
DWD 149.05(1)(d)4. 4. Colleges, universities, government units, or other organizations or persons for research projects of a public nature that benefit the unemployment insurance program, only if on behalf of a public official.
DWD 149.05(1)(d)5. 5. Any federal law enforcement agency or law enforcement agency of the state or any of its political subdivisions, if the individual or employing unit whose record is being sought is the subject of a criminal investigation.
DWD 149.05(1)(d)6. 6. Any person whom the department authorizes to use, print, or otherwise reproduce unemployment insurance records for purposes of demonstrating services or equipment in connection with the administration of the unemployment insurance program.
DWD 149.05(2) (2)The department may make any other disclosure as provided in this chapter.
DWD 149.05(3) (3)The department may disclose only that portion of the records and information as is necessary to complete the request.
DWD 149.05 History History: Cr. Register, May, 1993, No. 449, eff. 6-1-93; CR 08-019: r. and recr. Register July 2008 No. 631, eff. 8-1-08; CR 18-033: am. (1) (intro.), (a), (c), (d) (intro.), 5. Register May 2019 No. 761, eff. 6-1-19.
DWD 149.06 DWD 149.06Confidentiality safeguard requirements and disclosure of records to third parties.
DWD 149.06(1)(1)Third party recipients of unemployment insurance records shall comply with all of the following confidentiality safeguard requirements:
DWD 149.06(1)(a) (a) Safeguard disclosed information against unauthorized access or redisclosure.
DWD 149.06(1)(b) (b) Use the disclosed information only for the purposes authorized by law and consistent with any applicable record disclosure agreement under s. DWD 149.07.
DWD 149.06(1)(c) (c) Store disclosed information in a safe place physically secure from unauthorized access.
DWD 149.06(1)(d) (d) Store and process information in electronic format in a way that unauthorized persons cannot obtain the information by any means.
DWD 149.06(1)(e) (e) Ensure that only authorized persons are given access to disclosed information stored in a computer system.
DWD 149.06(1)(f) (f) For third parties authorized to receive information by an individual or employing unit under s. DWD 149.03 (3), maintain a copy of the written release authorizing each access and ensure that access to disclosed information will be only to those authorized under the release.
DWD 149.06(1)(g) (g) Instruct all persons having access to disclosed information of the confidentiality requirements and the penalties for unauthorized disclosure, and have these persons sign an acknowledgement that they have been so instructed and agree to report any infraction promptly.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.