Hawaii Unemployment Insurance Data
Question 1-How is confidential data defined?
Detail Level:
Broad Mention
Citation:
HAR §§ 12-5-211; 12-5-219; 12-5-220
Relevant Subsections:
- ; - ; (a)
Relevant Language:
SUBCHAPTER 8 – DISCLOSURE OF INFORMATION. §12-5-211 – DISCLOSURE OF INFORMATION, No disclosure of information obtained at any time from workers, employers, or other persons or groups in the course of administering the state employment security program under chapter 383, Hawaii Revised Statutes, shall be made directly or indirectly, except as authorized...§ 12-5-219 – DISCLOSURE TO GOVERNMENT AGENCIES. Disclosure of information pertaining to claimants and employers in connection with unemployment insurance to a federal, state, territorial, or municipal agency shall be considered to be in the public interest only if such disclosure is in connection with its public duties...§ 12-5-220 – DISCLOSURE OF QUARTERLY WAGE DETAIL INFORMATION. (a) The department shall disclose quarterly wage detail information to authorized requesting agencies which have entered into an agreement in accordance with subsection (b) for purposes deemed by the department to be useful in verifying eligibility for and the amount of benefits or to be reasonably necessary for the proper administration of the requesting agency's program...
Question 2-Who is authorized to disclose data?
Detail Level:
Broad Mention
Relevant Language:
SUBCHAPTER 8 – DISCLOSURE OF INFORMATION. § 12-5-220 – DISCLOSURE OF QUARTERLY WAGE DETAIL INFORMATION. (a) The department shall disclose quarterly wage detail information to authorized requesting agencies which have entered into an agreement in accordance with subsection (b) for purposes deemed by the department to be useful in verifying eligibility for and the amount of benefits or to be reasonably necessary for the proper administration of the requesting agency's program.
Question 3-For what purposes may data be disclosed?
Detail Level:
Broad Mention
Citation:
HAR §§ 12-5-215; 12-5-219; 12-5-220
Relevant Subsections:
(1),(3),(5); - ; (a)
Relevant Language:
SUBCHAPTER 8 – DISCLOSURE OF INFORMATION. § 12-5-215 AUTHORIZED DISCLOSURES ... Disclosure of any information obtained at any time from workers, employers, or other persons or groups in the course of administering the state employment security program under chapter 383, Hawaii Revised Statutes, is authorized in the following cases for the following purposes: (1) To individual applicants and employers to the extent necessary for the efficient performance of recruitment, placement, employment counseling, and other employment service functions ... (3) To any officer or employee of any agency of the federal government or of a state or territorial government lawfully charged with the administration of a federal, state, or territorial unemployment insurance or readjustment allowance law, but only for purposes reasonably necessary for the proper administration of such law ... (5) To applicants, employers, and the public, general information concerning employment opportunities, employment levels and trends, and labor supply and demand, provided such release or publication does not include information identifiable to individual applicants, employers, or employing establishments. § 12-5-219 DISCLOSURE TO GOVERNMENTAL AGENCIES. Disclosure of information pertaining to claimants and employers in connection with unemployment insurance to a federal, state, territorial, or municipal agency shall be considered to be in the public interest only if such disclosure is in connection with its public duties, and the information so disclosed will be used for the performance of such public duties, and only if that agency agrees not to release or publish in any manner information identifiable to individual applicants, employees, or employing establishments, provided that the agency shall not be bound by this restriction if it is necessary for the disclosed information to be used in any criminal proceeding. § 12-5-220 DISCLOSURE OF QUARTERLY WAGE DETAIL INFORMATION. (a) The department shall disclose quarterly wage detail information to authorized requesting agencies which have entered into an agreement in accordance with subsection (b) for purposes deemed by the department to be useful in verifying eligibility for and the amount of benefits or to be reasonably necessary for the proper administration of the requesting agency's program...
Question 4-To which parties may data be disclosed?
Detail Level:
Broad Mention
Citation:
HAR §§ 12-5-215; 12-5-220
Relevant Subsections:
(1),(3),(5); (a)
Relevant Language:
SUBCHAPTER 8 – DISCLOSURE OF INFORMATION. §12-5-215 AUTHORIZED DISCLOSURES. Disclosure of any information obtained...is authorized in the following cases for the following purposes: (1) To individual applicants and employers to the extent necessary ... (3) To any officer or employee of any agency of the federal government or of a state or territorial government lawfully charged with the administration of a federal, state, or territorial unemployment insurance or readjustment allowance law ... (5) To applicants, employers, and the public, general information concerning employment opportunities, employment levels and trends, and labor supply and demand...§ 12-5-220 DISCLOSURE OF QUARTERLY WAGE DETAIL INFORMATION ... (a) The department shall disclose quarterly wage detail information to authorized requesting agencies which have entered into an agreement in accordance with subsection (b) for purposes deemed by the department to be useful in verifying eligibility for and the amount of benefits or to be reasonably necessary for the proper administration of the requesting agency's program.
Question 5-What specific data elements may be disclosed?
Detail Level:
Not Addressed
Question 6-What are the content requirements for data sharing agreements?
Detail Level:
Detailed Explanation
Relevant Language:
§ 12-5-220 – DISCLOSURE OF QUARTERLY WAGE DETAIL INFORMATION ... (b) The agreement between the department and the requesting agency shall include, but not be limited to: (1) The purposes for which requests will be made and the specific information needed; (2) Identification of all agency officials, by position, with authority to request information; (3) 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; (4) Basis for establishing the reporting periods for which information will be provided; (5) Provisions for determining appropriate reimbursement from the requesting agency for the costs incurred in providing data; (6) Safeguards to ensure that information obtained from the department will be protected against unauthorized access or disclosure. At a minimum, such procedures will comply with the requirements of subsection (c)...
Question 7-What safeguards are required for data disclosure?
Detail Level:
Detailed Explanation
Relevant Subsections:
(c)-(d)
Relevant Language:
SUBCHAPTER 8 – DISCLOSURE OF INFORMATION. § 12-5-220 – DISCLOSURE OF QUARTERLY WAGE DETAIL INFORMATION ... (c) Requesting agencies shall comply with the following measures to protect confidentiality of the information against unauthorized access or disclosure: (1) The information shall be used only to the extent necessary to assist in the valid administrative needs of the program receiving such information; (2) The requesting agency shall not use the information for any purposes not specifically authorized under an agreement that meets the requirements of subsection (b); (3) The information shall be stored in a place physically secure from access by unauthorized persons; (4) Precautions shall be taken to ensure that only authorized persons are given access to computer data files; (5) Information in electronic format, such as magnetic tapes or discs, shall be stored and processed in such a way that unauthorized persons cannot retrieve the information by means of a computer, remote terminal, or other means; (6) The requesting agency shall: (A) instruct all personnel with access to the information regarding the confidential nature of the information, the requirements of the agreement, the sanctions specified in section 383-143, Hawaii Revised Statutes, and other relevant state statutes; and (B) attest to the agency's policies and procedures regarding confidentiality in the agreement as provided for in subsection (b). (d) The requesting agency shall permit the department and the U.S. Department of Labor (and other authorized federal officials) to make onsite inspections to ensure that the requirements of this section are being met.
Question 8-What are the payment provisions for data disclosure?
Detail Level:
Broad Mention
Relevant Subsections:
(b)(5)
Relevant Language:
SUBCHAPTER 8 – DISCLOSURE OF INFORMATION. § 12-5-220 – DISCLOSURE OF QUARTERLY WAGE DETAIL INFORMATION ... (b) The agreement between the department and the requesting agency shall include ... (5) Provisions for determining the appropriate reimbursement from the requesting agency for the costs incurred in providing data.
Question 9-What are the penalties for violating disclosure rules?
Detail Level:
Detailed Explanation
Relevant Language:
HAWAI'I EMPLOYMENT SECURITY LAW. PART VI. PENALTIES – § 383:143 GENERAL PENALTY ... Any person who wilfully violates this chapter or any order, rule, or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed in this chapter nor provided by any other applicable statute, shall be charged with a misdemeanor, and subject to a fine of not more than $10,000; and each day the violation continues shall be deemed to be a separate offense.
