Chapter 89
AN ACT
SB 197
Relating to confidentiality of information in Employment Department
records; amending ORS 657.665; and repealing ORS 657.670.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 657.665 is amended to read:
657.665. (1) [Information secured from employing units,
employees or other individuals pursuant to this chapter:] Except as
provided in subsections (2) to (4) of this section, all information in the
records of the Employment Department pertaining to the administration of the
unemployment insurance, employment service and labor market information
programs:
(a) [Shall be] Is confidential and for
the exclusive use and information of the Director of the Employment Department
[in the discharge of duties and shall not
be open to the public (other than to public employees in the performance of
their public duties under state or federal laws for the payment of unemployment
insurance benefits and to public employees in the performance of their public duties
under the recognized compensation and retirement, relief or welfare laws of
this state), except to the extent necessary for the presentation of a claim and
except as required by the regulations of the United States Secretary of Health
and Human Services pursuant to section 3304(a) of the Federal Unemployment Tax
Act, as amended, and except as required by section 303 of the Social Security
Act, as amended.] in administering the unemployment insurance,
employment service and labor market information programs in Oregon.
(b) [Shall] May not be used in any
court [in any] action or in any
proceeding pending [therein] in
the court unless the director or the state is a party to [such action or proceedings or the
proceedings concern] the action or proceeding or unless the proceeding
concerns the establishment, enforcement or modification of a support
obligation and support services are being provided by the Division of Child
Support or the district attorney pursuant to ORS 25.080.
(c) Is exempt from
disclosure under ORS 192.410 to 192.505.
(2) The Employment
Department shall disclose information:
[(2)] (a) [However,]
To any claimant or legal representative, at a hearing before an
administrative law judge, [shall be
supplied with information from such records] to the extent necessary for
the proper presentation of [a] an
unemployment insurance claim.
(b) Upon request to
the United States Secretary of Labor. The Employment Department shall disclose
the information in a form and containing the information that the United States
Secretary of Labor may require. The information disclosed is confidential and
may not be used for any other purpose.
(c) Pursuant to section
303(a)(7) of the Social Security Act, upon request to any agency of the
(d) Pursuant to section
303(c)(1) of the Social Security Act, to the Railroad Retirement Board. Under
this paragraph, the Employment Department shall disclose unemployment insurance
records. The information disclosed is confidential and may not be used for any
other purpose. The costs of disclosing information under this paragraph shall
be paid by the board.
(e) Pursuant to section
303(d) of the Social Security Act, upon request to officers and employees of
the United States Department of Agriculture and to officers or employees of any
state food stamp agency for the purpose of determining an individual’s
eligibility for or the amount of food stamps. The information disclosed is
confidential and may not be used for any other purpose. The costs of disclosing
information under this paragraph shall be paid by the United States Department
of Agriculture.
(f) Pursuant to section
303(e)(1) and (2)(A)(ii) of the Social Security Act, to state or local child
support enforcement agencies enforcing child support obligations under Title
IV-D of the Social Security Act for the purposes of establishing child support
obligations, locating individuals owing child support obligations and
collecting child support obligations from those individuals. The information
disclosed is confidential and may not be used for any other purpose. The costs
of disclosing information under this paragraph shall be paid by the child
support enforcement agency.
(g) Pursuant to sections
303(f) and 1137 of the Social Security Act, to agencies participating in the
income and eligibility verification system for the purpose of verifying an
individual’s eligibility for benefits, or the amount of benefits, under
unemployment insurance, Temporary Assistance for Needy Families, Medicaid, food
stamps, Supplemental Security Income, child support enforcement or Social
Security programs. The information disclosed is confidential and may not be
used for any other purpose. The costs of disclosing information under this
paragraph shall be paid by the requesting agency.
(h) Pursuant to section
303(h) of the Social Security Act and section 3304(a)(16)(B) of the Federal
Unemployment Tax Act, to the United States Department of Health and Human
Services National Directory of New Hires. The information disclosed is
confidential and may not be used for any other purpose. The costs of disclosing
information under this paragraph shall be paid by the United States Department
of Health and Human Services.
(i) Pursuant to section
303(i) of the Social Security Act, to officers and employees of the United
States Department of Housing and Urban Development and to representatives of a
public housing agency for the purpose of determining an individual’s
eligibility for benefits, or the amount of benefits, under a housing assistance
program of the United States Department of Housing and Urban Development. The
information disclosed is confidential and may not be used for any other
purpose. The costs of disclosing information under this paragraph shall be paid
by the United States Department of Housing and Urban Development or the public
housing agency.
(j) Pursuant to regulations
of the United States Secretary of Health and Human Services issued under
section 3304(a)(16)(A) of the Federal Unemployment Tax Act, and except as
required by section 303 of the Social Security Act, to the state, a political
subdivision or a federally recognized Indian tribe that has signed an agreement
with the Department of Human Services to administer Part A of Title IV of the
Social Security Act for the purpose of determining an individual’s eligibility
for assistance, or the amount of assistance, under a program funded under Part
A of Title IV of the Social Security Act. The information disclosed is
confidential and may not be used for any other purpose.
(k) Upon request, to the
[(3) Notwithstanding subsection (1) of this section, information secured
from employing units pursuant to this chapter may be released:]
(3) The Employment
Department may disclose information secured from employing units:
(a) To agencies of this
state, federal agencies and local government agencies to the extent necessary
to properly carry out governmental planning, performance measurement, program
analysis, socioeconomic analysis and policy analysis functions performed under
applicable law. The information [provided
such agencies shall be] disclosed is confidential and [shall not be released by such] may
not be disclosed by the agencies in any manner that would [be identifiable as to] identify
individuals, claimants, employees or employing units. [Costs of furnishing information pursuant to this subsection not
prepared for the use of the Employment Department shall be borne by the parties
requesting the information; and] If the information disclosed under this
paragraph is not prepared for the use of the Employment Department, the costs
of disclosing the information shall be paid by the agency requesting the
information.
(b) As part of a
geographic information system. Points on a map may be used to represent
economic data, including the location, employment size class and industrial
classification of businesses in
[(b)] (c) In accordance with ORS 657.673.
(4) The Employment
Department may:
(a) Disclose information
to public employees in the performance of their duties under state or federal
laws relating to the payment of unemployment insurance benefits, the provision
of employment services and the provision of labor market information.
(b) At the discretion of
the Director of the Employment Department and subject to an interagency
agreement, disclose information to public officials in the performance of their
official duties administering or enforcing laws within their authority and to
the agents or contractors of public officials. The public official shall agree
to assume responsibility for misuse of the information by the official’s agent
or contractor.
(c) Disclose information
pursuant to an informed consent, received from an employer or claimant, to
disclose the information.
(d) Disclose information
to partners under the federal Workforce Investment Act of 1998 for the purpose
of administering state workforce programs under the Act. The information
disclosed is confidential and may not be used for any other purpose. The costs
of disclosing information under this paragraph shall be paid by the requesting
partner.
[(4)] (e) [Nothing in
this section shall prevent the Employment Department from providing] Disclose
the names and addresses of employing units to the Bureau of Labor and
Industries for the purpose of disseminating information to employing units. The
names and addresses [provided shall be]
disclosed are confidential and [shall]
may not be used for any other [purposes]
purpose. [Costs of furnishing
information pursuant to this subsection not prepared for the use of the
Employment Department shall be borne by the bureau.] If the information
disclosed under this paragraph is not prepared for the use of the Employment
Department, the costs of disclosing the information shall be paid by the
bureau.
[(5)] (f) [Nothing in
this section shall prevent the Employment Department from providing] Disclose
information to the Commissioner of the Bureau of Labor and Industries[,] for the purpose of performing duties
under ORS 279C.800 to 279C.870, [the
names, addresses and industrial codes of employer units, the number of
employees each unit employs during a given time period and the firm number
assigned to employer units by the Employment Department. Information so
provided shall be confidential and shall not be released by the commissioner in
any manner that would identify such employing units except to the extent
necessary to carry out the purposes of this subsection and as provided in
subsection (1)(b) of this section. Costs of furnishing information pursuant to
this subsection not prepared for the use of the Employment Department shall be
borne by the bureau.] 658.005 to 658.245 or 658.405 to 658.503 or ORS
chapter 652, 653 or 659A. The information disclosed may include the names and
addresses of employers and employees and payroll data of employers and
employees. The information disclosed is confidential and may not be used for
any other purpose. If the information disclosed under this paragraph is not
prepared for the use of the Employment Department, the costs of disclosing the
information shall be paid by the bureau.
[(6)] (g) [Nothing in
this section shall prevent the Employment Department from providing] Disclose
information required under ORS 657.660 (3) and (4) to the Public Employees
Retirement System for the purpose of determining the eligibility of members of
the retirement system for disability retirement allowances under ORS chapter
238. The information [provided shall be]
disclosed is confidential and [shall]
may not be used for any other [purposes]
purpose. [Costs of furnishing
information pursuant to this subsection shall be borne] The costs of
disclosing information under this paragraph shall be paid by the Public
Employees Retirement System.
[(7)] (h) [Nothing in
this section shall prevent the Employment Department from providing] Disclose
to the Oregon Economic and Community Development Commission information
required by the commission in performing its duty under ORS 285A.050 to verify
changes in employment levels following direct employer participation in
Economic and Community Development Department programs or indirect
participation through municipalities under ORS 285B.410 to 285B.482 and
regional boards and partnerships under ORS 285B.230 to 285B.269. The
information [provided] disclosed
to the commission may include an employer’s employment level, total subject
wages payroll and whole hours worked. The information disclosed is
confidential and may not be used for any other purpose [and must be held confidential]. The
commission may not [release] disclose
the information in any manner that would identify [the] an employing unit or [any] employee except to the extent necessary to carry out [its duties] the commission’s duty
under ORS 285A.050. [Costs of furnishing
information under this subsection that is not prepared for the use of the
Employment Department shall be borne by the commission.] If the
information disclosed under this paragraph is not prepared for the use of the
Employment Department, the costs of disclosing the information shall be paid by
the commission.
[(8) Any officer or employee of the Director of the Employment
Department, who, except with authority of the director or pursuant to
regulations, or as otherwise required by law, shall disclose confidential
information under this section, thereafter may be disqualified from holding any
appointment or employment by the director.]
[(9)] (i) [Nothing in
this section shall prevent the Employment Department from providing] Disclose
information to the Department of Revenue for the purpose of performing its
duties under ORS 293.250[,] or under
the revenue and tax laws of this state. The information [provided] disclosed may include the
names and addresses of employers and employees and payroll data of employers
and employees. The information [so
provided shall be] disclosed is confidential and [shall not be released by the Director of]
may not be disclosed by the Department of Revenue in any manner that
would identify [such] an
employing unit or employee except to the extent necessary to carry out [its] the department’s duties
under ORS 293.250 or in auditing or reviewing any report or return required or
permitted to be filed under the revenue and tax laws administered by the
department. [However, the Director of]
The Department of Revenue [shall] may
not disclose any information received to any private collection agency or for
any other purpose. [Costs of furnishing
information pursuant to this subsection not prepared for the use of the
Employment Department shall be borne by the Department of Revenue.] If
the information disclosed under this paragraph is not prepared for the use of
the Employment Department, the costs of disclosing the information shall be
paid by the Department of Revenue.
[(10)] (j) [Nothing in
this section shall prevent the Employment Department from providing] Disclose
information to the Department of Consumer and Business Services for the purpose
of performing its duties under ORS chapters 654 and 656. The information
[provided] disclosed may
include [but is not limited to] the
name, address, number of employees and industrial classification code of an
employer and payroll data of employers and employees. The information [provided shall be] disclosed is
confidential and may not be [released]
disclosed by the Department of Consumer and Business Services in any
manner that would identify an employing unit or employee except to the extent
necessary to carry out the department’s duties under ORS chapters 654 and 656,
including administrative hearings and court proceedings in which the Department
of Consumer and Business Services is a party. [Costs of furnishing information pursuant to this subsection that is not
prepared for the use of the Employment Department shall be borne by the
Department of Consumer and Business Services.] If the information
disclosed under this paragraph is not prepared for the use of the Employment
Department, the costs of disclosing the information shall be paid by the
Department of Consumer and Business Services.
[(11)] (k) [Nothing in
this section shall prevent the Employment Department from providing] Disclose
information to the Construction Contractors Board for the purpose of performing
its duties under ORS chapter 701. The information [provided] disclosed to the board may include the
names and addresses of employers and status of their compliance with this
chapter. If the information disclosed under this paragraph is not prepared
for the use of the Employment Department, the costs of disclosing the
information shall be paid by the board.
[(12)] (L) [Nothing in
this section shall prevent the Employment Department from providing] Disclose
information to the State Fire Marshal to assist the State Fire Marshal in
carrying out duties[, functions and
powers] under ORS 453.307 to 453.414. The information [so provided shall be the employer or agent]
disclosed may include the name, address, telephone number and [standard] industrial classification
code of an employer. [Information so
provided shall be confidential and shall not be released] The information
disclosed is confidential and may not be disclosed by the State Fire
Marshal in any manner that would identify [such
employing units] an employing unit except to the extent necessary to
carry out duties under ORS 453.307 to 453.414. [Costs of furnishing information pursuant to this subsection not
prepared for the use of the Employment Department shall be borne by the office
of the State Fire Marshal.] If the information disclosed under this
paragraph is not prepared for the use of the Employment Department, the costs
of disclosing the information shall be paid by the office of the State Fire
Marshal.
[(13)] (m) [Nothing in
this section shall prevent the Employment Department from providing] Disclose
information to the Oregon Student Assistance Commission for the [purposes] purpose of performing
the commission’s duties under ORS chapter 348 and Title IV of the Higher
Education Act of 1965[, as amended]. The
information [provided] disclosed
may include the names and addresses of employers and employees and payroll
data of employers and employees. [Information
so provided shall be confidential and shall not be released] The
information disclosed is confidential and may not be disclosed by the [Oregon Student Assistance] commission in
any manner that would identify [such]
an employing unit or employee except to the extent necessary to carry
out the commission’s duties under ORS chapter 348 or Title IV of the
Higher Education Act of 1965.[, as
amended. Costs of furnishing information pursuant to this subsection not
prepared for the use of the Employment Department shall be borne by the
[(14) Any person or officer or employee of an entity to whom information
is disclosed or given by the Employment Department pursuant to this section,
who divulges or uses such information for any purpose other than that specified
in the provision of law or agreement authorizing the use or disclosure, may be
disqualified from holding any appointment or employment, or performing any
service under contract, with the state agency employing that person or officer.]
[(15) Notwithstanding subsection (1) of this section, the industrial
classification code assigned to an employing unit may be released to state
agencies, federal agencies and local government agencies to the extent
necessary to carry out governmental functions performed under applicable law.
Except as provided in ORS 190.270, information provided to such agencies is
confidential and may not be released by the agencies in any manner that would
allow identification of an employing unit. Costs of furnishing information that
is not prepared for the use of the Employment Department shall be paid by the
party requesting the information under this subsection.]
(n) Disclose to any
person establishment level information secured pursuant to this chapter from
federal, state and local government employing units. If the information
disclosed under this paragraph is not prepared for the use of the Employment
Department, the costs of disclosing the information shall be paid by the party
requesting the information.
(o) Disclose to any
person the industrial classification code assigned to an employing unit. If the
information disclosed under this paragraph is not prepared for the use of the
Employment Department, the costs of disclosing the information shall be paid by
the party requesting the information.
(5) Any officer
appointed by or any employee of the Director of the Employment Department who
discloses confidential information, except with the authority of the director,
pursuant to rules or as otherwise required by law, may be disqualified from
holding any appointment or employment with the Employment Department.
(6) Any person or any
officer or employee of an entity to whom information is disclosed by the
Employment Department under this section who divulges or uses the information
for any purpose other than that specified in the provision of law or agreement
authorizing the use or disclosure may be disqualified from performing any
service under contract or disqualified from holding any appointment or
employment with the state agency that engaged or employed that person, officer
or employee. The Employment Department may immediately cancel or modify any
information sharing agreement with an entity when a person or an officer or
employee of that entity discloses confidential information, other than as
specified in law or agreement.
SECTION 2. ORS
657.670 is repealed.
Approved by the Governor May 7, 2007
Filed in the office of Secretary of State May 7, 2007
Effective date January 1, 2008
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