Wisconsin Legislature: DWD 149.04(2)(e)

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. (2) (b) Register May 2019 No. 761, eff. 6-1-19.

DWD 149.03 Disclosure of records to individuals, employing units, their agents, and authorized third parties.

(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:

(a) An unemployment insurance record concerning an individual is available to that individual.

(b) An unemployment insurance record concerning an individual’s work for an employing unit is available to that employing unit.

(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.

(d) An unemployment insurance record concerning an employing unit’s status or liability under ch. 108, Stats., is available to that employing unit.

(2) Agents and attorneys.

(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.

(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.

(3) Authorized third parties.

(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:

1. The specific information sought.

2. The purpose for which the information is sought.

3. All parties who may receive the information.

4. A statement that the information obtained under the release will be used only for the purpose provided under subd. 2.

5. A statement that the department’s unemployment insurance files will be accessed to obtain the information.

(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:

1. Providing a service to the individual such that the individual expects to receive a benefit as a result of signing the release.

2. Carrying out administration or evaluation of a public program to which the release pertains.

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 Mandatory disclosure of unemployment insurance records.

(1) Disclosure required by law. The department shall disclose unemployment insurance records to any person or agency as required by state or federal law.

(2) Federally-mandated disclosures to certain agencies. The department shall disclose unemployment insurance records to the following:

(a) The internal revenue service for purposes of unemployment insurance tax administration.

(b) The U.S. citizenship and immigration services for purposes of verifying an individual’s immigration status.

(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.

(e) Any other state to properly administer its unemployment insurance program.

(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.

(g) The railroad retirement board.

(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.

(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.

(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.

(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.

(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.

(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.

(3) Other required disclosures.

(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.

(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.

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

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 Permissive disclosure of unemployment insurance records.

(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:

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

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

(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.

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

1. Any division of the department or corresponding unit in another state agency, the government of another state, or the federal government.

2. Any legislative service agency listed under ch. 13, Stats.

3. Any taxing authority of the United States or of this state or any of its political subdivisions.

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.

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.

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.

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

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

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 Confidentiality safeguard requirements and disclosure of records to third parties.

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

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

(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.

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

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

(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.

(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.

(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.

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

(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.

(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).

(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.

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

(a) Public domain information.

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

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

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

(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).

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 Record disclosure agreements.

(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).

(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).

(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).

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

(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.

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

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.

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.