Chapter DWD 149
DISCLOSURE OF UNEMPLOYMENT INSURANCE RECORDS
DWD 149.02 Confidentiality of records. DWD 149.03 Disclosure of records to individuals, employing units, their agents, and authorized third parties. DWD 149.04 Mandatory disclosure of unemployment insurance records. DWD 149.05 Permissive disclosure of unemployment insurance records. DWD 149.06 Confidentiality safeguard requirements and disclosure of records to third parties. DWD 149.07 Record disclosure agreements. DWD 149.08 Fee for disclosing unemployment insurance records. Ch. DWD 149 NoteNote: Chapter ILHR 149 was renumbered Chapter DWD 149 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1997, No. 498. DWD 149.001(1)(1) In general. Except as provided in sub. (2), unless the context clearly indicates a different meaning, the definitions in ch. DWD 100 apply to this chapter. DWD 149.001(2)(2) In this chapter. Notwithstanding ch. DWD 100 and unless the context clearly indicates a different meaning, in this chapter: DWD 149.001(2)(a)(a) “Claim information” means information about all of the following: DWD 149.001(2)(a)1.1. Whether an individual is receiving, has received, or has applied for unemployment insurance. DWD 149.001(2)(a)2.2. The amount of unemployment insurance the individual is receiving or is entitled to receive. DWD 149.001(2)(a)4.a.a. Whether the individual has refused an offer of work and, if so, a description of the job offered including the terms, conditions, and rate of pay. DWD 149.001(2)(a)4.b.b. Any other information contained in the department’s unemployment insurance records that is needed by the requesting agency to verify eligibility for, and the amount of, benefits. DWD 149.001(2)(b)(b) “Government unit” has the meaning designated in s. 108.02 (17), Stats., and also includes any unit of the federal government and the governing body of a federally recognized American Indian tribe or band in this state. DWD 149.001(2)(c)1.1. Information about the organization of the department’s unemployment insurance division and the commission. DWD 149.001(2)(c)2.2. Federal and state unemployment insurance statutes, rules, regulations, statements of general policy, and interpretations of general applicability. DWD 149.001(2)(c)3.3. Interstate agreements and agreements with the department of labor relating to administration of the unemployment insurance program. DWD 149.001(2)(d)(d) “Public official” means an official, agency, or public entity within the executive branch of the federal, state, Indian tribal, or local government with responsibility for administering or enforcing a law, or an elected official in federal, state, Indian tribal, or local government and includes the meaning specified in 20 CFR 603.2 (d) (2) to (5). 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 HistoryHistory: 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; CR 22-010: am. (2) (c) 1. Register June 2022 No. 798, eff. 7-1-22. DWD 149.01DWD 149.01 Purpose. 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 HistoryHistory: 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(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)(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(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 HistoryHistory: 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 149.03DWD 149.03 Disclosure 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)(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)(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)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 HistoryHistory: 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 149.04DWD 149.04 Mandatory 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.
