Law and Regulation Details

Alaska Unemployment Insurance Data

Question 1-How is confidential data defined?

Detail Level:
Detailed Explanation
Citation:
AS 23.20.110
Relevant Subsections:
(a), (q)
Relevant Language:

Sec. 23.20.110. INFORMATION OBTAINED BY DEPARTMENT. (a) Except for disclosures required by 42 U.S.C. 503, as amended, and 20 C.F.R. 603, as amended, and disclosures authorized under this section, the department shall hold information obtained from an employing unit or individual in the course of administering this chapter and determinations as to the benefit rights of an individual confidential and may not disclose them or open them to public inspection in a manner that reveals the identity of the individual or employing unit ... (q) The confidentiality requirements of this section do not apply to disclosure of decisions and records on appeal in any matter before the department as long as the federal social security number of the claimant and the employer's federal employer identification number and federal social security number are redacted or removed before disclosure is made. 

Date Reviewed:
6/19/2017

Question 2-Who is authorized to disclose data?

Detail Level:
Broad Mention
Citation:
AS 23.20.110
Relevant Subsections:
(a)
Relevant Language:
Sec. 23.20.110. INFORMATION OBTAINED BY DEPARTMENT. (a) Except for disclosures required by 42 U.S.C. 503, as amended, and 20 C.F.R. 603, as amended, and disclosures authorized under this section, the department shall hold information obtained from an employing unit or individual in the course of administering this chapter and determinations as to the benefit rights of an individual confidential and may not disclose them or open them to public inspection in a manner that reveals the identity of the individual or employing unit. 

Date Reviewed:
6/19/2017

Question 3-For what purposes may data be disclosed?

Detail Level:
Detailed Explanation
Citation:
AS 23.20.110
Relevant Subsections:
(a), (n)
Relevant Language:
Sec. 23.20.110. INFORMATION OBTAINED BY DEPARTMENT. (a) ... Information obtained in the course of administering this chapter or in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or the administration of employment and training programs planned or coordinated by the Alaska Workforce Investment Board ... (n) Notwithstanding (a) of this section, the department may produce statistical and other public reports based on information obtained in the course of administering this chapter, so long as the department complies with the requirements of 20 C.F.R. 603, as amended, regarding the use or release of confidential records.

Date Reviewed:
6/19/2017

Question 4-To which parties may data be disclosed?

Detail Level:
Detailed Explanation
Citation:
AS 23.20.110
Relevant Subsections:
(a)
Relevant Language:
Sec. 23.20.110. INFORMATION OBTAINED BY DEPARTMENT. (a)... The department may not provide information that is confidential under this section to...an agency of this state or another state or federal agency charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, to the United States Department of the Treasury, Internal Revenue Service, for the purposes of the Federal Unemployment Tax Act, or to the Department of Revenue for tax purposes. Information obtained in the course of administering this chapter or in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or the administration of employment and training programs planned or coordinated by the Alaska Workforce Investment Board... 
Date Reviewed:
6/19/2017

Question 5-What specific data elements may be disclosed?

Detail Level:
Detailed Explanation
Citation:
AS 23.20.110
Relevant Subsections:
(n)
Relevant Language:
Sec. 23.20.110. INFORMATION OBTAINED BY DEPARTMENT...(n) The department may produce statistical and other public reports based on information obtained in the course of administering this chapter, so long as the reports do not reveal wage and payroll data for an employing unit or the name or number identifying an individual. The reports may include the firm name, address, North American Industry Classification System code, census area code, number of workers employed, and occupational staffing patterns for an employing unit. 
Date Reviewed:
6/19/2017

Question 6-What are the content requirements for data sharing agreements?

Detail Level:
Detailed Explanation
Citation:
AS 23.20.110
Relevant Subsections:
(m)
Relevant Language:
Sec. 23.20.110. INFORMATION OBTAINED BY DEPARTMENT ... (m) The department may not release information under this section to a state agency or to a person under contract with the state until the department and the agency or person have entered into a written agreement that governs the release of information. The written agreement must specify (1) the purpose for the information; (2) a description of the information to be provided; (3) a description of the procedure for transmitting, securing, using, and disposing of the information; (4) the method of reimbursement, if any, for the cost of providing the information; and (5) that the department may perform on-site inspections to ensure that the confidentiality requirements of this section are met.
Date Reviewed:
6/19/2017

Question 7-What safeguards are required for data disclosure?

Detail Level:
Broad Mention
Citation:
AS 23.20.110
Relevant Subsections:
(c), (g)
Relevant Language:
Sec. 23.20.110. INFORMATION OBTAINED BY DEPARTMENT ... (c) Upon request of an agency of this or another state or of the federal government which administers or operates one or more programs of public assistance under either federal law or the law of this state, or which is charged with any duty or responsibility under any such program, and if that agency is required by law to impose safeguards for the confidentiality of information at least as effective as required under this section ... (g) A recipient of records disclosed under this section may not use the disclosed records for a purpose other than the purpose for which the disclosure was made. The requirements concerning the confidentiality of information obtained in the course of administering this chapter apply to officers and employees of a state, federal, municipal, or other agency to whom the department provides information as authorized by this section.
Date Reviewed:
6/19/2017

Question 8-What are the payment provisions for data disclosure?

Detail Level:
Broad Mention
Citation:
AS 23.20.110
Relevant Subsections:
(d)
Relevant Language:
Sec. 23.20.110. INFORMATION OBTAINED BY DEPARTMENT... (d) The department may require that an agency or authorized person to which it provides information under this section reimburse the department for its costs of furnishing that information.

Date Reviewed:
6/19/2017

Question 9-What are the penalties for violating disclosure rules?

Detail Level:
Detailed Explanation
Citation:
AS 23.20.115
Relevant Language:
Sec. 23.20.115. UNAUTHORIZED DISCLOSURE OF INFORMATION. A member of the department, an employee of the department, an agent of the department, or an officer or employee of a state, federal, municipal, or other agency that has been provided with information by the department who, in violation of AS 23.20.110, makes a disclosure of information obtained from an employing unit or from an individual in the administration of this chapter, or a person who has obtained a list of applicants for work or of claimants or recipients of benefits under this chapter and who uses or permits the use of the list for a purpose not authorized by AS 23.20.110 is guilty of a class B misdemeanor.
Date Reviewed:
6/19/2017