Chapter 238 Oregon Laws 2003

AN ACT

SB 250

Relating to information systems administered by Director of Employment Department; amending ORS 657.732 and 657.734.

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

SECTION 1. ORS 657.732 is amended to read:

657.732. (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;

(d) The Oregon University System;

(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.

(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 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.

(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. 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;

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

(4) Every participating state agency or organization shall provide information to the Interagency Shared Information System. Information shall be provided 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 that shall not be disclosed to the system.

(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 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), 657.665 and 660.339, 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 Interagency Shared Information System.

(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 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 Interagency Shared Information System.

(11) Notwithstanding subsection (4) of this section, participating state agencies or organizations may not provide new information to the Interagency Shared Information System after December 31, 2003. Information in the system on and after January 1, 2004, may be accessed by participating state agencies or organizations in accordance with this section, applicable rules adopted by the Director of the Employment Department and any agreements entered into under subsection (3) of this section.

SECTION 2. ORS 657.734 is amended to read:

657.734. (1) As used in this section:

(a) “Public body” has the meaning given that term in ORS 192.410.

(b) “System participant” means:

(A) Mandatory partners under the federal Workforce Investment Act of 1998 (enacted as P.L. 105-220 and codified as 29 U.S.C. 2801 et seq.) and other one-stop system partners, which may include public bodies and private organizations; and

(B) Public bodies and private organizations that have been approved by the Director of the Employment Department, in consultation with the Education and Workforce Policy Advisor, to participate in the Performance Reporting Information System.

(2) [The Employment Department may establish a system] There is established the Performance Reporting Information 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].

(3) The Performance Reporting Information System is intended to share the data described in subsection (2) of this section, by agreement, with all [Workforce Investment Act mandatory partners and one-stop delivery system partners. The performance measures system shall] system participants. The Performance Reporting Information System may not contain data submitted exclusively for use in the Interagency Shared Information System.

[(2)] (4) 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,] Performance Reporting Information System. System participants 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] A system participant 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;

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

[(3)(a)] (5)(a) All individual record information in the Performance [measures] Reporting Information System [shall be] is confidential and [shall] may not be disclosed as a public record [pursuant to] under 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] System participants may 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] System participants 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] System participants 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] system participant. In disclosing Social Security numbers to the [performance measures] system, [mandatory and one-stop system partners] system participants 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] system participant 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)] (4) of this section.

[(4)] (6) The information in the Performance [measures] Reporting 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 [mandatory or one-stop system partner] system participant that submits or receives the information. If the [mandatory or one-stop system partner] system participant 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] system participant 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)] (7) The [Employment] department may charge a reasonable fee [pursuant to] under ORS 192.440 for the disclosure of reports containing only aggregate data to individuals [or state agencies, governmental entities], public bodies or private organizations [that are not mandatory or one-stop system partners].

[(6)] (8) If a [mandatory or one-stop system partner] system participant 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] system participant does not violate state confidentiality laws by providing the information described in this section to the Performance [measures] Reporting Information System. Notwithstanding the provisions of ORS 279.355 (3), 279.359 (3), 657.665 and 660.339, 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)] (9) 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] Reporting Information System.

Approved by the Governor June 6, 2003

Filed in the office of Secretary of State June 9, 2003

Effective date January 1, 2004

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