Chapter DWD 149

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) (3) Authorized third parties.

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)1. 1. The specific information sought.

DWD 149.03(3)(a)2. 2. The purpose for which the information is sought.

DWD 149.03(3)(a)3. 3. All parties who may receive the 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 History History: 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 149.04 DWD 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.

DWD 149.04(2)(g) (g) The railroad retirement board.

DWD 149.04(2)(h) (h) Wage and claim information to any government unit in the administration of a food stamp program under 7 USC 2011 to 2029 for purposes of determining an individual’s eligibility for and amount of benefits.

DWD 149.04(2)(i) (i) Wage and claim information to any state or local child support enforcement agency for purposes of locating individuals owing child support obligations and establishing and collecting child support.

DWD 149.04(2)(j) (j) Wage and claim information to the U. S. department of housing and urban development or representatives of a public housing agency for purposes of determining an individual’s eligibility for benefits or amount of benefits under a housing assistance program of the department of housing and urban development, provided the individual has signed a consent form.

DWD 149.04(2)(k) (k) Wage and claim information to a government unit in the administration of a program funded under Temporary Assistance for Needy Families under 42 USC 601 to 619.

DWD 149.04(2)(L) (L) Wage and claim information to any governmental unit administering the provisions of a Medicaid state plan approved under Title XIX of the Social Security Act.

DWD 149.04(2)(m) (m) Wage and claim information to any governmental unit in the administration of Federal Old–Age, Survivors, and Disability Insurance and Supplemental Security Income for the Aged, Blind, and Disabled.

DWD 149.04(3) (3) Other required disclosures.

DWD 149.04(3)(a) (a) The department shall disclose to the lottery board, upon request, information regarding any delinquency in the payment of contributions under ch. 108, Stats., by any person who desires to contract with the lottery board for the retail sale of lottery tickets as provided under s. 565.10 (3) (b), Stats.

DWD 149.04(3)(b) (b) The department shall disclose wage and claim information to any government unit in the administration of a program of general relief or general assistance.

DWD 149.04(3)(c) (c) The department shall disclose unemployment insurance records to the labor and industry review commission to perform its review functions.

DWD 149.04 History History: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (2) (intro.) and (a), Register, September, 2000, No. 537, eff. 10-1-00; CR 08-019: am. (title) and (1), r. and recr. (2) and (3) Register July 2008 No. 631, eff. 8-1-08.

DWD 149.05 DWD 149.05 Permissive disclosure of unemployment insurance records.

DWD 149.05(1) (1) The department may disclose unemployment insurance records to any of the following persons or government units if the department approves the purposes for which the records are requested:

DWD 149.05(1)(a) (a) The United States department of labor, including for purposes of the federal workforce innovation and opportunity act, and the bureau of labor statistics.

DWD 149.05(1)(b) (b) The Unemployment Insurance Advisory Council when reasonably necessary in the course of its duties under s. 108.14 (5), Stats.

DWD 149.05(1)(c) (c) A local, state, Indian tribal, or federal government official, other than a clerk of court on behalf of a litigant, with authority to obtain the information pursuant to a subpoena or court order.

DWD 149.05(1)(d) (d) A public official or its agent or contractor for use in the performance of official duties, including any of the following:

DWD 149.05(1)(d)1. 1. Any division of the department or corresponding unit in another state agency, the government of another state, or the federal government.

DWD 149.05(1)(d)2. 2. Any legislative service agency listed under ch. 13, Stats.

DWD 149.05(1)(d)3. 3. Any taxing authority of the United States or of this state or any of its political subdivisions.

DWD 149.05(1)(d)4. 4. Colleges, universities, government units, or other organizations or persons for research projects of a public nature that benefit the unemployment insurance program, only if on behalf of a public official.

DWD 149.05(1)(d)5. 5. Any federal law enforcement agency or law enforcement agency of the state or any of its political subdivisions, if the individual or employing unit whose record is being sought is the subject of a criminal investigation.

DWD 149.05(1)(d)6. 6. Any person whom the department authorizes to use, print, or otherwise reproduce unemployment insurance records for purposes of demonstrating services or equipment in connection with the administration of the unemployment insurance program.

DWD 149.05(2) (2) The department may make any other disclosure as provided in this chapter.

DWD 149.05(3) (3) The department may disclose only that portion of the records and information as is necessary to complete the request.

DWD 149.05 History History: 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. (1) (intro.), (a), (c), (d) (intro.), 5. Register May 2019 No. 761, eff. 6-1-19.

DWD 149.06 DWD 149.06 Confidentiality safeguard requirements and disclosure of records to third parties.

DWD 149.06(1) (1) Third party recipients of unemployment insurance records shall comply with all of the following confidentiality safeguard requirements:

DWD 149.06(1)(a) (a) Safeguard disclosed information against unauthorized access or redisclosure.

DWD 149.06(1)(b) (b) Use the disclosed information only for the purposes authorized by law and consistent with any applicable record disclosure agreement under s. DWD 149.07.

DWD 149.06(1)(c) (c) Store disclosed information in a safe place physically secure from unauthorized access.

DWD 149.06(1)(d) (d) Store and process information in electronic format in a way that unauthorized persons cannot obtain the information by any means.

DWD 149.06(1)(e) (e) Ensure that only authorized persons are given access to disclosed information stored in a computer system.

DWD 149.06(1)(f) (f) For third parties authorized to receive information by an individual or employing unit under s. DWD 149.03 (3), 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.

DWD 149.06(1)(g) (g) 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.

DWD 149.06(1)(h) (h) Dispose of all disclosed records and copies after the purpose for which the information was disclosed has been served or when the department considers appropriate, except for disclosed information possessed by any court.

DWD 149.06(1)(i) (i) Allow the department to conduct on-site inspections of the disclosed records and to audit for compliance with this section.

DWD 149.06(2) (2) No information provided to a public official under this chapter may be used for solicitation of contributions or expenditures to or on behalf of a candidate for public or political office or a political party.

DWD 149.06(3) (3) No person, government unit, or other entity to which the department discloses an unemployment insurance record under s. DWD 149.03 (2) or (3), 149.04, or 149.05 may redisclose information obtained from that record without the prior written approval of the department. Any redisclosure is subject to the requirements in sub. (1).

DWD 149.06(4) (4) This section does not apply to disclosures of unemployment insurance records to a unit of the federal government that has safeguards in place that meet the confidentiality requirements of 42 USC 503 (a) (1), as determined by the department of labor with notice published in the Federal Register.

DWD 149.06(5) (5) This section does not apply to disclosures of the following:

DWD 149.06(5)(a) (a) Public domain information.

DWD 149.06(5)(b) (b) Disclosures exclusively for statistical purposes under a cooperative agreement with the bureau of labor statistics.

DWD 149.06(5)(c) (c) Disclosures to the internal revenue service for purposes of unemployment insurance tax administration.

DWD 149.06(5)(d) (d) Disclosures to the U.S. citizenship and immigration services for purposes of verifying a claimant’s immigration status.

DWD 149.06(5)(e) (e) Disclosures to the U.S. department of labor for the purpose of oversight and audits of the unemployment insurance program.

DWD 149.06(5)(f) (f) Disclosures of unemployment insurance appeal records under s. DWD 149.02 (2) (b) and disclosures to individuals and employing units under s. DWD 149.03 (1).

DWD 149.06 History History: 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. (4) Register May 2019 No. 761, eff. 6-1-19.

DWD 149.07 DWD 149.07 Record disclosure agreements.

DWD 149.07(1) (1) The department shall require a record disclosure agreement to be in effect before disclosing unemployment insurance records under ss. DWD 149.03 (3), 149.04 (2) (e) to (m) and (3), and 149.05 (1) (d).

DWD 149.07(2) (2) The department may require a record disclosure agreement to be in effect before disclosing unemployment insurance records to any person, government unit, or entity not listed in sub. (1).

DWD 149.07(3) (3) Any record disclosure agreement with an agent of a public official for disclosure must be made with the public official and hold the public official responsible for ensuring the agent complies with the confidentiality requirements in s. DWD 149.06 (1).

DWD 149.07(4) (4) A record disclosure agreement shall be in writing for a prescribed period of time and include all of the following provisions:

DWD 149.07(4)(a) (a) A statement of the purpose for which the record is sought, description of the specific information to be furnished, the methods and timing of requests and responses for information, and the format to be used.

DWD 149.07(4)(b) (b) A requirement that the person, government unit, or entity that is a party to the agreement comply with all of the following:

DWD 149.07(4)(b)1. 1. Use the information only for purposes authorized by law and as stated in the agreement and limit access to the information to those with a need to access it for the stated purpose.

DWD 149.07(4)(b)2. 2. Pay all of the department’s costs in providing information from unemployment insurance records, unless the agreement provides for the reciprocal sharing of costs.

DWD 149.07(4)(b)3. 3. Comply with the confidentiality safeguards requirements of s. DWD 149.06 and not release information obtained from any unemployment insurance record to a third party without prior written approval of the department.

DWD 149.07(4)(b)4. 4. Verify the information in an unemployment insurance record released by the department if the person, government unit, or entity may take any action detrimental to the interests of the employee or employing unit that is the subject of the record.

DWD 149.07(4)(b)5. 5. Maintain a system of security that includes a procedure for the destruction of confidential information and report any infraction of the confidentiality safeguard requirements under s. DWD 149.06 or the agreement under this section fully and promptly.

DWD 149.07(4)(b)6. 6. Allow for on-site inspections by the department to ensure the confidentiality safeguard requirements of the agreement are met.

DWD 149.07(4)(c) (c) For authorized third parties under s. DWD 149.03 (3), the information may be accessed only by those persons with authorization under the release, and the purpose for the release of information shall be limited to providing a service to benefit the individual.

DWD 149.07(5) (5) If the person, government unit, or entity fails to comply with the agreement, including failure to pay or reimburse the department for costs, the agreement shall be suspended. If no corrective action is taken and completed promptly following a suspension, the department shall cancel the agreement and all confidential information shall be surrendered to the department. The department may seek damages, penalties, and restitution as allowed by law.

DWD 149.07(6) (6) The requirements of this section do not apply to disclosures of unemployment insurance records to a federal agency that has in place safeguards adequate to satisfy the confidentiality requirements of 42 USC 503 (a) (1), as determined by the department of labor and published in the Federal Register.

DWD 149.07 History History: 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. (6) Register May 2019 No. 761, eff. 6-1-19.

DWD 149.08 DWD 149.08 Fee for disclosing unemployment insurance records.