(A)Agreements for
the disclosure of wage information to a consumer reporting agency must include
the following requirements, at a minimum:
(1)A requirement
that the consumer reporting agency and any entity to which wage information is
disclosed shall assure that a written statement of informed consent is signed
by the individual to whom the information pertains prior to requesting wage
information about the individual. The statement of informed consent must
contain the following:
(a)A specific
statement indicating that the individual's wage information will be released;
(b)A statement
that the release is only for that particular transaction;
(c)A clear
statement informing the individual that the consumer reporting agency may use
information from wage information files maintained by the Ohio department of
job and family services; and
(d)A statement
indicating who may receive the information released.
(2)A requirement
that the consumer reporting agency to which wage information is provided, and
any other entity to which wage information is disclosed by the consumer
reporting agency, shall use the wage information only for the specific
transaction authorized by the individual's statement of informed consent.
(3)A requirement
that the consumer reporting agency and any other entity to which wage
information is provided by the consumer reporting agency shall safeguard the
confidentiality of wage information from illegal or unauthorized disclosure by
compliance with the following measures:
(a)The
information shall be stored in a place physically secure from access by
unauthorized persons;
(b)Information
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;
(c)Precautions
shall be taken to ensure that only authorized personnel are given access to
on-line files;
(d)The consumer
reporting agency and any other entity to which wage information is provided
shall instruct all personnel with access to the information regarding the
confidential nature of the information, and the sanctions specified in Chapter
4141. of the Revised Code for the unauthorized disclosure of information and
any other relevant federal and state statutes and regulations;
(e)The consumer
reporting agency shall provide a statement attesting to the policies and
procedures used to protect the confidentiality of the wage information; and
(f)The consumer
reporting agency and any other entity to which wage information is provided
shall permit the Ohio department of job and family services to make onsite
inspections to ensure that the requirements of the agreement and Chapter 4141.
of the Revised Code are being met.
(4)A requirement
that the consumer reporting agency or other entity to which wage information is
provided permit a periodic audit of sample transactions accessing wage
information to assure that the agency or other entity had a written statement
of informed consent meeting the requirements of paragraph (A)(1) of this rule
for each transaction.
(5)A requirement
that the consumer reporting agency will pay all costs associated with the
disclosure of wage information under the terms of the agreement.
(6)A requirement
that the consumer reporting agency to which wage information is provided will
provide a list of the names, addresses and telephone numbers of all entities to
which wage information may be disclosed by the consumer reporting agency.
(B)For the
purposes of this rule, "wage information" means the name, social
security number, quarterly wages paid, weeks worked by the individual, and the
name and address of the individual's employer reporting wages under section
4141.20 of the Revised Code.
Five Year Review (FYR) Dates: 1/14/2020 and 01/14/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 01/14/2020
Promulgated Under: 119.03
Statutory Authority: 4141.13
Rule Amplifies: 4141.43
Prior Effective Dates: 02/22/2004, 01/01/2006, 03/01/2015