(A)The director
may exchange or disclose wage information, claim information, employment and
training information, employer information or other confidential information,
to state departments, other governmental agencies, or service providers for the
purpose of providing and improving employment and training services. The
director may also exchange or disclose such information pursuant to paragraph
(G) of this rule.
(B)This rule does
not apply to entities identified in rule 4141-43-02 of the Administrative Code.
(C)Definitions:
(1)For purposes of
this rule, "wage information" means the name, social security number,
quarterly wages paid, and weeks worked by individual employees and the state
employer identification number that is provided to the department of job and
family services by employers and individuals and maintained in the wage record
system.
(2)For the
purposes of this rule, "claim information" means information
regarding:
(a)Whether an
individual is receiving, has received, or has applied for unemployment
compensation;
(b)The amount of
compensation the individual is receiving or is entitled to receive; and
(c)The name,
address, and social security number and other information provided by the
individual when filing an application or claim for benefits.
(3)"Employer
information" is information concerning total and taxable wages,
contribution rates, number of individuals in covered employment, and wages,
addresses, employer identification numbers and other information on employers
that is maintained in systems supporting administration of the unemployment
compensation program under Chapter 4141. of the Revised Code.
(4)"Employment
and training information" means information produced by or for the
department of job and family services concerning the employment and training
services provided to or for individuals and employers.
(5)"State
departments" means departments established in the state by the
constitution or the Revised Code.
(6)"Other
governmental agencies" means agencies, including public colleges and
universities, that are established by federal or state law for a public purpose
and subject to regular audits by the state and/or federal government, and
includes contractors or agents performing services for governmental agencies.
(7)"Employment
and training services" means services such as assessment of workforce
needs and requirements of employers and the aptitudes, abilities, and skill
levels of individuals seeking work; economic development and job creation
activities; education and training in preparation for employment; placement
assistance in matching individuals with available jobs; and referral of workers
to employment or training opportunities or to those support services necessary
to gain or sustain employment.
(D)Any disclosure
under this rule may be made only pursuant to an agreement between the director
and state departments, other governmental agencies, or requesting parties,
under which state and federal confidentiality requirements are maintained. The
agreement under which information will be exchanged or disclosed must contain
at a minimum:
(1)The purposes
for which requests will be made and the specific information needed;
(2)A demonstration
that requested information will be used for the purpose of assisting in
providing and improving employment and training services;
(3)Identification
of all officials or employees with authority by position to request
information;
(4)Methods and
timing of the requests for information, including the format to be used, and
the period of time needed to furnish the requested information;
(5)The basis for
establishing the reporting periods for which information will be provided;
(6)Provisions for
determining appropriate reimbursement from state departments, governmental
agencies or requesting parties for the costs incurred by the department of job
and family services in providing data, including any new developmental costs
associated with furnishing data; and
(7)Safeguards to
ensure that information obtained from the department of job and family services
will be protected against unauthorized access or disclosure, including a
description of physical security and the process for providing authorized
access.
(E)State
departments, governmental agencies, and parties requesting the exchange or disclosure
of information must comply with the following measures to protect the
confidentiality of the information against unauthorized access or disclosure:
(1)The information
shall be used only to assist in providing and improving employment and training
services;
(2)The requesting
state departments, governmental agencies, or parties shall not use the
information for any purpose not specifically authorized under the agreement
entered into under this rule;
(3)The information
shall be stored in a place physically secure from access by unauthorized
persons;
(4)Information in
any electronic format shall be stored, transmitted and processed in such a way
that unauthorized persons cannot retrieve the information by means of computer,
remote terminal, or other means;
(5)State
departments, governmental agencies or requesting parties shall instruct all
personnel with access to the information regarding the confidential nature of
the information, the confidentiality requirements of the agreement, and the
sanctions against unauthorized disclosure of information;
(6)The head of
each state department, governmental agency or requesting party shall sign an
acknowledgment on behalf of the organization attesting to the organization's
policies and procedures regarding confidentiality; and
(7)State
departments, governmental agencies or requesting parties shall permit the
department of job and family services to make on-site inspections to ensure
that the requirements of the agreement and state and federal statutes and
regulations are being met.
(F)Redisclosure of
wage information, claim information, employment and training information, and
employer information by state departments, governmental agencies or requesting
parties is strictly prohibited. Individuals who redisclose information may be
subject to fine and imprisonment as provided by sections 4141.22 and 4141.99 of
the Revised Code. The director may prohibit the future exchange or disclosure
of information to a state department, governmental agency or requesting party
if the director finds that information was redisclosed while in the custody of
the party. The director may also prohibit the future exchange or disclosure of
information to any employee or employees of a state department, governmental
agency or requesting party if the director finds that information was redisclosed
while in the custody of the employee or employees.
(G)Subject to
requirements and limitations provided in paragraphs (D), (E), and (F) of this
rule, the director may make wage information, claim information, employment and
training information, and employer information available to nongovernmental
agencies limited to accredited colleges and universities, accredited
educational institutions, non-profit research organizations, and other
organizations conducting research, if such disclosure is for the purpose of
assisting in research or for use in providing or improving the provision of
employment and training services. No person associated with such agencies,
organizations or institutions shall disclose said information in any manner
which would reveal the identity of an individual or employing unit from or
concerning whom such information was obtained by the director.
Five Year Review (FYR) Dates: 12/22/2021 and 12/22/2026
Certification: CERTIFIED ELECTRONICALLY
Date: 12/22/2021
Promulgated Under: 119.03
Statutory Authority: 4141.13
Rule Amplifies: 4141.13, 4141.21, 4141.43
Prior Effective Dates: 07/09/1990, 12/30/1991, 12/14/1999,
01/15/2001, 01/01/2006, 07/27/2018