Arkansas Unemployment Insurance Data
Question 1-How is confidential data defined?
Detail Level:
Broad Mention
Citation:
A.C.A. 11-10-314
Relevant Subsections:
(a)(1)
Relevant Language:
TITLE 11 - LABOR AND INDUSTRIAL RELATIONS, CHAPTER 10 - DEPARTMENT OF WORKFORCE SERVICES LAW, SUBCHAPTER 3 - ADMINISTRATION AND ENFORCEMENT, § 11-10-314 - DISCLOSURE OF INFORMATION. (a)(1) Except as otherwise provided in this section, information obtained by the Director of the Department of Workforce Services from any employing unit or individual pursuant to the administration of this chapter and any determination as to the rights or status of any employer or individual made by the director pursuant to the administration of this chapter shall be held confidential and shall be protected by government privilege.
Question 2-Who is authorized to disclose data?
Detail Level:
Detailed Explanation
Citation:
A.C.A. 11-10-314
Relevant Subsections:
(c)(1)(A)
Relevant Language:
TITLE 11 - LABOR AND INDUSTRIAL RELATIONS, CHAPTER 10 - DEPARTMENT OF WORKFORCE SERVICES LAW, SUBCHAPTER 3 - ADMINISTRATION AND ENFORCEMENT, § 11-10-314 - DISCLOSURE OF INFORMATION...(c) (1) (A) Subject to such restrictions as the director may by regulation prescribe, the confidential information may be made available
Question 3-For what purposes may data be disclosed?
Detail Level:
Detailed Explanation
Citation:
A.C.A. 11-10-314
Relevant Subsections:
(c), (h), (j)
Relevant Language:
TITLE 11 - LABOR AND INDUSTRIAL RELATIONS, CHAPTER 10 - DEPARTMENT OF WORKFORCE SERVICES LAW, SUBCHAPTER 3 - ADMINISTRATION AND ENFORCEMENT, § 11-10-314 - DISCLOSURE OF INFORMATION...(c)(1)(A)...the confidential information may be made available to any agency of this or any other state, or any federal agency, charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices...or any state or federal agency for income or eligibility verification purposes...(B) The information obtained 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. (2)...to further benefits under this chapter....(h)(1)...information obtained in the administration of this chapter and in the administration of and concerning programs under the Workforce Innovation and Opportunity Act...programs by the Department of Workforce Services shall be made available to persons and agencies for purposes appropriate to the Department of Workforce Services' operation and administration of programs under the Workforce Innovation and Opportunity Act...(2) Under an agreement between the Department of Workforce Services and the appropriate agencies, the director shall establish safeguards as are necessary to protect the confidential information made available pursuant to this section. (j) For use in furthering the economic development of the State of Arkansas...
Question 4-To which parties may data be disclosed?
Detail Level:
Detailed Explanation
Citation:
A.C.A. 11-10-314
Relevant Subsections:
(c), (h)(1), (j)
Relevant Language:
TITLE 11 - LABOR AND INDUSTRIAL RELATIONS, CHAPTER 10 - DEPARTMENT OF WORKFORCE SERVICES LAW, SUBCHAPTER 3 - ADMINISTRATION AND ENFORCEMENT, § 11-10-314 - DISCLOSURE OF INFORMATION...(c) (1) (A)...confidential information may be made available to any agency of this or any other state, or any federal agency, charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, the Internal Revenue Service, the Office of Federal Contract Compliance Programs, the United States Bureau of Labor Statistics of the United States Department of Labor...(B)...to persons or agencies for purposes appropriate to the operation of a public employment service. (2) Upon request, the director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment and may furnish to any state agency similarly charged...(h) (1)...to persons and agencies for purposes appropriate to the Department of Workforce Services' operation and administration of programs under the Workforce Innovation and Opportunity Act...(j) For use in furthering the economic development of the State of Arkansas, the director may provide, to the extent that it is available, the following information obtained in the administration of this chapter to the state agencies specified: (1) The Arkansas Economic Development Council...(2) The Revenue Division of the Department of Finance and Administration...(3) The Arkansas Institute for Economic Advancement of the University of Arkansas at Little Rock...(4) Arkansas Rehabilitation Services...(5) The Arkansas State Highway and Transportation Department...(6) The Arkansas Department of Environmental Quality...
Question 5-What specific data elements may be disclosed?
Detail Level:
Detailed Explanation
Citation:
A.C.A. 11-10-314
Relevant Subsections:
(c)(2), (h)(1), (j)
Relevant Language:
TITLE 11 - LABOR AND INDUSTRIAL RELATIONS, CHAPTER 10 - DEPARTMENT OF WORKFORCE SERVICES LAW, SUBCHAPTER 3 - ADMINISTRATION AND ENFORCEMENT, § 11-10-314 - DISCLOSURE OF INFORMATION...(c) (2) Upon request, the director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient's rights to further benefits under this chapter...(h)(1) Notwithstanding any other provisions of this chapter, information obtained in the administration of this chapter and in the administration of and concerning programs under the Workforce Innovation and Opportunity Act...programs by the Department of Workforce Services...(j)...the director may provide...(1) The Arkansas Economic Development Council may be provided: (A) The employer's name, mailing address, and business location in Arkansas; the name of the owner, chief executive officer, or plant manager; the current number of employees; and the code for each employer classified by the agency in Standard Industrial Classification Codes 20-87 or the equivalent classification codes under the North American Industry Classification System; and (B) The claims status of workers hired by employers under the Arkansas Economic Development Council's Arkansas Enterprise Zone Program authorized by the Arkansas Enterprise Zone Act of 1993, § 15-4-1701 et seq., and the Arkansas Economic Development Act of 1995, § 15-4-1901 et seq., provided that the commission submits a list of workers by name and Social Security number; (2) The Revenue Division of the Department of Finance and Administration may be provided: (A) Such information as is required and necessary by the Arkansas Enterprise Zone Act of 1993, § 15-4-1701 et seq., and the Arkansas Economic Development Act of 1995, § 15-4-1901 et seq.; (B) The net increase in employment at manufacturing and mining establishments as defined in § 26-51-505 that are participating in the manufacturing jobs tax credit program created by § 26-51-505 if the division provides a list of employers by name, location, and the period of time for which the data is sought; and (C) Such information as is necessary for the effective operation of their respective programs to allow cooperation between the division and the Department of Workforce Services; (3) The Arkansas Institute for Economic Advancement of the University of Arkansas at Little Rock may be provided covered wage and employment data by county on a quarterly basis by the two-digit Office of Management and Budget standard industrial classifications or the equivalent classification codes under the North American Industry Classification System; (4) Arkansas Rehabilitation Services may be provided employer quarterly wage reports and employer names, addresses, and phone numbers; (5) The Arkansas State Highway and Transportation Department may be provided: (A) The employer's name, the business location in Arkansas, the current number of employees, and the code for each employer classified by the agency in the Standard Industrial Classification Code or the equivalent classification code under the North American Industry Classification System; and (B) Other information that is necessary for the effective operation of their respective programs in order to allow cooperation between the Arkansas State Highway and Transportation Department and the Department of Workforce Services; and (6) The Arkansas Department of Environmental Quality may be provided the employer's name, mailing address, business location in Arkansas, the current number of employees, and the code for each employer classified by the agency in the Standard Industrial Classification Code or an equivalent classification code under the North American Industry Classification System.
Question 6-What are the content requirements for data sharing agreements?
Detail Level:
Broad Mention
Citation:
A.C.A. 11-10-314
Relevant Subsections:
(k)(4)
Relevant Language:
TITLE 11 - LABOR AND INDUSTRIAL RELATIONS, CHAPTER 10 - DEPARTMENT OF WORKFORCE SERVICES LAW, SUBCHAPTER 3 - ADMINISTRATION AND ENFORCEMENT, § 11-10-314 - DISCLOSURE OF INFORMATION...(k)...(4) Information requested by the state entities specified in subsection (j) of this section shall be released to the appropriate entities in accordance with agreements between these entities and the Department of Workforce Services.
Question 7-What safeguards are required for data disclosure?
Detail Level:
Broad Mention
Citation:
A.C.A. 11-10-314
Relevant Subsections:
(c)(1)(A), (h)(2), (k)(1-2)
Relevant Language:
TITLE 11 - LABOR AND INDUSTRIAL RELATIONS, CHAPTER 10 - DEPARTMENT OF WORKFORCE SERVICES LAW, SUBCHAPTER 3 - ADMINISTRATION AND ENFORCEMENT, § 11-10-314 - DISCLOSURE OF INFORMATION...(c) (1) (A) Subject to such restrictions as the director may by regulation prescribe...(h)...(2) Under an agreement between the Department of Workforce Services and the appropriate agencies, the director shall establish safeguards as are necessary to protect the confidential information made available pursuant to this section...(k)(1) The state entities specified in subsection (j) of this section are strictly prohibited from making any disclosure or redisclosure of the confidential information which may be made available to them under the provisions of subsection (j) of this section. (2) Any publication of employer data by these entities shall be done in strict accordance with the rules used by the agency and as prescribed by the Bureau of Labor Statistics of the United States Department of Labor to prevent the disclosure of individual employer information...
Question 8-What are the payment provisions for data disclosure?
Detail Level:
Broad Mention
Citation:
A.C.A. 11-10-314
Relevant Subsections:
(k)(3)
Relevant Language:
TITLE 11 - LABOR AND INDUSTRIAL RELATIONS, CHAPTER 10 - DEPARTMENT OF WORKFORCE SERVICES LAW, SUBCHAPTER 3 - ADMINISTRATION AND ENFORCEMENT, § 11-10-314 - DISCLOSURE OF INFORMATION...(k)...(3) The governmental agency or entity requesting any information under subsection (j) of this section shall reimburse the Department of Workforce Services for any and all costs incurred by the agency in making the requested information available.
Question 9-What are the penalties for violating disclosure rules?
Detail Level:
Not Addressed
