Chapter DWD 149

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.

DWD 149.08(1) (1) 

DWD 149.08(1)(a) (a) The department shall charge a fee for disclosing an unemployment insurance record when the disclosure is for a third party, government unit, or entity that requests the record and disclosure is not necessary for the proper administration of the unemployment insurance program, unless only incidental staff time and nominal processing costs are involved in making the disclosure.

DWD 149.08(1)(b) (b) The department may charge a fee for disclosure in the following circumstances:

DWD 149.08(1)(b)1. 1. Disclosure of public domain information.

DWD 149.08(1)(b)2. 2. Disclosure to an individual, employing unit, or agent.

DWD 149.08(1)(b)3. 3. The purpose of the disclosure is program oversight or audit.

DWD 149.08(1)(b)4. 4. The disclosure is pursuant to a court order or is to officials with subpoena authority.

DWD 149.08(1)(c) (c) The fee for disclosure may not exceed the actual, necessary, and direct costs of location and disclosure of the record, including photocopy, postage, computer reprogramming, and labor costs, except a record location fee may be charged if the costs of location exceed $50. The department shall require the fee for disclosure to be paid in advance except for good reason.

DWD 149.08(2) (2) The department may permit an individual who is entitled to an unemployment insurance record to photograph the record or the department may photograph the record for the individual, if the form of the record does not permit copying.

DWD 149.08(3) (3) The department may impose reasonable restrictions on the manner of access to an original unemployment insurance record if the record is irreplaceable or easily damaged.

DWD 149.08(4) (4) Payment of the fee for disclosure on a one-time or an ongoing basis may be arranged under a record disclosure agreement under s. DWD 149.07.

DWD 149.08 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.

DWD 149.09 DWD 149.09 Penalties. Any person who permits inspection or disclosure of an unemployment insurance record provided to that person by the department without authorization of the department shall be subject to the penalties provided under s. 108.24 (4), Stats.

DWD 149.09 History History: Cr. Register, May, 1993, No. 449, eff. 6-1-93; CR 08-019: am. Register July 2008 No. 631, eff. 8-1-08.