Chapter 524 Oregon Laws 2001

AN ACT

SB 400

Relating to systems administered by Employment Department; creating new provisions; amending ORS 329.965; and repealing ORS 285A.461.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 3 of this 2001 Act and ORS 329.965 are added to and made a part of ORS chapter 657.

SECTION 2. ORS 329.965 is amended to read:

329.965. (1) As used in this section, “participating state agency or organization” means:

(a) The Employment Department;

(b) The Adult and Family Services Division, the Vocational Rehabilitation Division and other divisions and offices within the Department of Human Services that have been approved by the Director of the Employment Department, in consultation with the Education and Workforce Policy Advisor, to participate in the Interagency Shared Information System;

(c) The Department of Education;

(d) The State System of Higher Education;

(e) The Department of Community Colleges and Workforce Development; and

(f) Other state agencies, other governmental entities or private organizations that have applied to be participating state agencies or organizations and have been approved by the Director of the Employment Department, in consultation with the Education and Workforce Policy Advisor, to participate in the Interagency Shared Information System.

[(1)] (2) There is established the Interagency Shared Information System. The purpose of the system is to collect, analyze and share information for the development of statistical and demographic data to facilitate the creation of strategies [to improve the education, training and quality of Oregon’s workforce] for the purpose of improving the education, training and employment programs related to enhancing Oregon’s workforce system. The system shall share aggregate information with a participating state agency or organization to allow the agency or organization to develop policy, evaluate policy and plan and measure performance for the purpose of improving the education, training and employment programs related to enhancing Oregon’s workforce system.

[(2)] (3) The Director of the Employment Department shall administer and, in consultation with the Education and Workforce Policy Advisor, shall oversee the development of the Interagency Shared Information System. [The Education and Workforce Policy Advisor shall oversee the development, implementation and monitoring of the system.] Participating state agencies or organizations shall enter into an interagency or other applicable agreement with the Director of the Employment Department, as administrator of the system, that:

(a) Establishes protocols for the collection and sharing of data in the system;

(b) Establishes safeguards for protecting the confidentiality of data in the system;

(c) Includes provisions regarding informed consent for sharing information obtained from individuals; and

(d) Provides for the sharing of costs for designing and maintaining the system.

[(3)] (4) Every participating state agency or organization [or program that receives funding under sections 125 and 129, chapter 765, Oregon Laws 1993, and the Department of Corrections and the Department of Consumer and Business Services] shall provide information to the Interagency Shared Information System. Information shall be provided [by the agency or program] in a format that encodes identifying data, including the client’s Social Security number, using a formula unique to the participating state agency or organization [program] that shall not be disclosed to the system. [The information in the system is a public record. However, the system is not the custodian of the information for purposes of ORS 192.410 to 192.505.]

(5) In disclosing Social Security numbers to the Interagency Shared Information System under subsection (4) of this section, every participating state agency or organization shall comply with any state and federal laws that govern the collection and use of Social Security numbers by a participating state agency or organization and any additional requirements specified by the director, in consultation with the Education and Workforce Policy Advisor, that are included in the agreement entered into under subsection (3) of this section.

(6) The information in the Interagency Shared Information System is not a public record for purposes of ORS 192.410 to 192.505. For purposes of ORS 192.410 to 192.505, the information submitted to the system and the information received from the system is a public record, and the custodian of such information is the participating state agency or organization that submits or receives the information. If the participating state agency or organization receiving the information is not a public body, as defined in ORS 192.410, the Employment Department shall keep a copy of the system information sent to that entity and shall be the custodian of that copy for purposes of ORS 192.410 to 192.505. As custodian, the Employment Department shall limit the disclosure of, or refuse to disclose, aggregate or summary level information when a small number of aggregated records or some other factor creates a reasonable risk that the identity of individuals may be discovered or disclosed. The department shall refer all other requests for disclosure of system information to the public body that is the custodian of the information.

(7) The Employment Department may charge a reasonable fee pursuant to ORS 192.440 for the disclosure of reports to individuals or state agencies, governmental entities or private organizations that submit data to the system and are not participating state agencies or organizations.

(8) If a participating state agency or organization [described in this subsection] prepares or acquires a record that is confidential under federal or state law, including ORS 192.502 (2), the participating state agency or organization does not violate state confidentiality laws by providing the information described in this section to the Interagency Shared Information System. Notwithstanding the provisions of ORS 279.355 (3), 279.359 (3), 285A.446 and 657.665, the Bureau of Labor and Industries, [the Job Training Partnership Act section of] the Department of Community Colleges and Workforce Development and the Employment Department are authorized to provide information to the Interagency Shared Information System.

[(4)] (9) Notwithstanding the provisions of ORS 192.410 to 192.505, a participating state agency or organization shall not allow public access to information received from the Interagency Shared Information System that identifies a particular individual unless required by law. Any participating state agency or organization shall limit the disclosure of, or refuse to disclose, aggregate or summary level information when a small number of aggregated records or some other factor creates a reasonable risk that the identity of individuals may be discovered or disclosed.

(10) Any [officer or employee of any of the participating agencies] individual who, without proper authority, [shall disclose] discloses confidential information under this section [thereafter] may be disqualified from holding any appointment or employment with the State of Oregon. The Employment Department shall adopt by rule procedures to prevent disclosure of confidential information submitted to the Interagency Shared Information System.

SECTION 3. (1) The Employment Department may establish a system for the purpose of collecting, analyzing and sharing statistical and demographic data for the development and reporting of the workforce system performance measures required by the federal Workforce Investment Act of 1998 (P.L. 105-220), and for Oregon’s comprehensive workforce system-wide performance indicators. The performance measures system is intended to share the data, by agreement, with all Workforce Investment Act mandatory partners and one-stop delivery system partners. The performance measures system shall not contain data submitted exclusively for use in the Interagency Shared Information System.

(2) The Director of the Employment Department shall administer and, in consultation with the Education and Workforce Policy Advisor, shall oversee the development of the performance measures system. Mandatory and one-stop system partners, which may include state agencies, other governmental entities and private organizations, shall be designated as participants in the performance measures system by rule of the Employment Department, in consultation with the Education and Workforce Policy Advisor. Mandatory and one-stop system partners shall enter into an interagency or other applicable agreement with the Director of the Employment Department that:

(a) Establishes protocols for the collection and sharing of data in the system;

(b) Establishes safeguards for protecting the confidentiality of data in the system;

(c) Includes provisions regarding informed consent for sharing information obtained from individuals; and

(d) Provides for the sharing of costs for maintaining the system.

(3)(a) All individual record information in the performance measures system shall be confidential and shall not be disclosed as a public record pursuant to the provisions of ORS 192.410 to 192.505. As administrator of the system, the Director of the Employment Department may view all data or individual record information in the performance measures system. Mandatory and one-stop system partners shall not allow public access to information received from the system that identifies a particular individual unless required by law. Mandatory and one-stop system partners shall limit the disclosure of, or refuse to disclose, aggregate or summary level information when a small number of aggregated records or some other factor creates a reasonable risk that the identity of individuals may be discovered or disclosed.

(b) Mandatory and one-stop system partners shall provide information in a format that encodes identifying data, including the client’s Social Security number, using a formula unique to the mandatory or one-stop system partner. In disclosing Social Security numbers to the performance measures system, mandatory and one-stop system partners shall comply with any state and federal laws that govern the collection and use of Social Security numbers by the mandatory or one-stop system partner and any additional requirements specified by the director, in consultation with the Education and Workforce Policy Advisor, that are included in the agreement entered into under subsection (2) of this section.

(4) The information in the performance measures system is not a public record for purposes of ORS 192.410 to 192.505. For purposes of ORS 192.410 to 192.505, the information submitted to the system and the information received from the system is a public record, and the custodian of such information is the mandatory or one-stop system partner that submits or receives the information. If the mandatory or one-stop system partner receiving the information is not a public body, as defined in ORS 192.410, the Employment Department shall keep a copy of the system information sent to that entity and shall be the custodian of that copy for purposes of ORS 192.410 to 192.505. As custodian, the Employment Department shall limit the disclosure of, or refuse to disclose, aggregate or summary level information when a small number of aggregated records or some other factor creates a reasonable risk that the identity of individuals may be discovered or disclosed. The department shall refer all other requests for disclosure of system information to the public body that is the custodian of the information.

(5) The Employment Department may charge a reasonable fee pursuant to ORS 192.440 for the disclosure of reports containing only aggregate data to individuals or state agencies, governmental entities or private organizations that are not mandatory or one-stop system partners.

(6) If a mandatory or one-stop system partner prepares or acquires a record that is confidential under federal or state law, including ORS 192.502 (2), the mandatory or one-stop system partner does not violate state confidentiality laws by providing the information described in this section to the performance measures system. Notwithstanding the provisions of ORS 279.355 (3), 279.359 (3), 285A.446 and 657.665, the Bureau of Labor and Industries, the Department of Community Colleges and Workforce Development and the Employment Department are authorized to provide information to the performance measures system.

(7) Any individual who, without proper authority, discloses confidential information under this section may be disqualified from holding any appointment or employment with the State of Oregon. The Employment Department shall adopt by rule procedures to prevent disclosure of confidential information submitted to the performance measures system.

SECTION 4. ORS 285A.461 is repealed.

Approved by the Governor June 22, 2001

Filed in the office of Secretary of State June 25, 2001

Effective date January 1, 2002

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