• Safeguard disclosed information against unauthorized access or redisclosure.
• Use the disclosed information only for the purposes authorized by law and consistent with any applicable record disclosure agreement.
• Store disclosed information in a safe place physically secure from unauthorized access.
• Store and process information in electronic format in a way that unauthorized persons cannot obtain the information by any means.
• Ensure that only authorized persons are given access to disclosed information stored in a computer system.
• For third parties authorized to receive information by a claimant or employer 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.
• 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.
• Dispose of all disclosed records and copies after the purpose for which the information disclosed has been served or when the department considers appropriate, except for disclosed information possessed by any court.
• Allow the department to conduct on-site inspections of the disclosed records and to audit for compliance with this section.
No person, government unit, or other entity to which the department discloses an unemployment insurance record may redisclose information obtained from that record without the prior written approval of the department.
Record disclosure agreement. The proposed rules include provisions from the federal regulation regarding when a record disclosure agreement shall be in effect before disclosure of unemployment insurance records, other circumstances when a record disclosure agreement may be required, and what must be in the agreement.
Fee for disclosing unemployment insurance records. The federal regulation requires and the proposed rules provide that the department shall charge a fee for disclosing an unemployment insurance record when the disclosure is for a third party, government unit, or entity that requests the record and disclosure is not necessary for the proper administration of the unemployment insurance program, unless only incidental staff time and nominal processing costs are involved in making the disclosure. The department may charge a fee for disclosures in certain other circumstances. The fee may not exceed the actual, necessary, and direct costs of location and disclosure.
Comparison with federal regulations
The proposed rules are being updated to comply with the federal regulation regarding state disclosure of unemployment insurance records.
Comparison with rules in adjacent states
The adjacent states either have or will be updating their statutes and rules on disclosure of unemployment insurance records to comply with the federal regulation by October 27, 2008.
Summary of factual data and analytical methodologies
The proposed rules update the department's rules on disclosure of unemployment insurance records to comply with
20 CFR Part 603.
Initial Regulatory Flexibility Analysis
The rule will affect small businesses but will not have a significant economic impact on a substantial number of small businesses. The Department's Small Business Regulatory Coordinator is Elaine Pridgen,
elaine.pridgen@dwd.state. wi.us, (608) 267-9403.
Analysis used to determine effect on small businesses
The proposed rules may affect small business as employing units who may request records, but the rules have no financial impact on these businesses and does not change the types of records they may access. There are no reporting, bookkeeping, or other procedures required for compliance with the proposed rule and no professional skills are required of small businesses.
Fiscal Estimate
The proposed rules have no fiscal effect because most disclosures of unemployment insurance records involve only incidental staff time and nominal processing costs.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
