Kentucky Unemployment Insurance Data
Question 1-How is confidential data defined?
Detail Level:
Broad Mention
Relevant Language:
TITLE XXVII - LABOR AND HUMAN RIGHTS, CHAPTER 341 - UNEMPLOYMENT COMPENSATION ADMINISTRATIVE ORGANIZATION, §341.190 - RECORDS AND REPORTS – CONFIDENTIAL TREATMENT – EXCEPTIONS ... (3)
Information obtained from an employing unit or individual and other records made by the cabinet in the administration of this chapter are confidential and shall not be published or be open for public inspection, except as provided below
Question 2-Who is authorized to disclose data?
Detail Level:
Detailed Explanation
Citation:
KRS 336.015; 341.220
Relevant Subsections:
(1); (1), (2)
Relevant Language:
TITLE XXVII - LABOR AND HUMAN RIGHTS, CHAPTER 336 - DEPARTMENT OF LABOR, §336.015 - LABOR CABINET – ORGANIZATION AND PERSONNEL – RESPONSIBILITY OF SECRETARY – AGENCIES ATTACHED FOR ADMINISTRATIVE PURPOSES. (1) The secretary of the Labor Cabinet shall have the duties, responsibilities, power, and authority relating to labor, wages and hours, occupational safety and health of employees, child labor, apprenticeship, workers' compensation, and all other matters previously under the jurisdiction of the Department of Labor...CHAPTER 341 - UNEMPLOYMENT COMPENSATION, 341.220 COOPERATION WITH OTHER AGENCIES. (1) In the administration of this chapter, the secretary shall: (a) To the fullest extent consistent with the provisions of this chapter, cooperate with the federal Department of Labor; (b) Make such reports in such form and containing such information as such agency may from time to time require; (c) Comply with such provisions as such agency may from time to time find necessary to assure the correctness and verification of such reports ... (2) Upon request therefor the secretary shall furnish to any agency of this or any other state or the United States charged with the administration of public works or assistance, through public employment or otherwise, the name, address, ordinary occupation and employment status of each recipient of benefits and such recipient's rights to further benefits under this chapter.
Question 3-For what purposes may data be disclosed?
Detail Level:
Detailed Explanation
Relevant Subsections:
(3)(a), (3)(d)-(e), (4)(a)
Relevant Language:
TITLE XXVII - LABOR AND HUMAN RIGHTS, CHAPTER 341 - UNEMPLOYMENT COMPENSATION ADMINISTRATIVE ORGANIZATION, §341.190 RECORDS AND REPORTS – CONFIDENTIAL TREATMENT – EXCEPTIONS ... (3) Information obtained from an employing unit or individual and other records made by the cabinet in the administration of this chapter are confidential and shall not be published or be open for public inspection, except as provided below: (a) Information and records may be made available to public employees in the performance of their duties...(d) A federal official, when required for the purposes of oversight and auditing of the unemployment insurance program, shall be provided information and records; (e) Statistical information derived from information and records obtained or made by the cabinet may be published, if it in no way reveals the identity of any claimant or employing unit. (4) Disclosures shall be made under subsection (3) of this section only if: (a) The disclosure is necessary for the proper administration of the unemployment insurance program.
Question 4-To which parties may data be disclosed?
Detail Level:
Detailed Explanation
Relevant Subsections:
(3)(a)-(d)
Relevant Language:
TITLE XXVII - LABOR AND HUMAN RIGHTS, CHAPTER 341 - UNEMPLOYMENT COMPENSATION ADMINISTRATIVE ORGANIZATION, §341.190. RECORDS AND REPORTS – CONFIDENTIAL TREATMENT – EXCEPTIONS ... (3) Information obtained from an employing unit or individual and other records made by the cabinet in the administration of this chapter are confidential and shall not be published or be open for public inspection, except as provided below: (a) Information and records may be made available to public employees in the performance of their duties ... (b) A claimant or employing unit or his legal representative shall be provided, upon request, information and records maintained by the cabinet in the administration of his claim, his reserve account, his reimbursing employer account, or any proceeding under this chapter to which he is a party; (c) A public official with authority under state or federal law to obtain the information and records by subpoena ... (d) A federal official, when required for the purposes of oversight and auditing of the unemployment insurance program...
Question 5-What specific data elements may be disclosed?
Detail Level:
Broad Mention
Relevant Language:
TITLE XXVII - LABOR AND HUMAN RIGHTS, CHAPTER 341 - UNEMPLOYMENT COMPENSATION ADMINISTRATIVE ORGANIZATION, §341.220 - COOPERATION WITH OTHER AGENCIES. (2) Upon request therefor the secretary shall furnish to any agency of this or any other state or the United States charged with the administration of public works or assistance, through public employment or otherwise, the name, address, ordinary occupation and employment status of each recipient of benefits and such recipient's rights to further benefits under this chapter.
Question 6-What are the content requirements for data sharing agreements?
Detail Level:
Broad Mention
Relevant Subsections:
(3)(a)
Relevant Language:
TITLE XXVII - LABOR AND HUMAN RIGHTS, CHAPTER 341 - UNEMPLOYMENT COMPENSATION ADMINISTRATIVE ORGANIZATIONS, §341.190 - RECORDS AND REPORTS – CONFIDENTIAL TREATMENT – EXCEPTIONS ... (3) Information obtained from an employing unit or individual and other records made by the cabinet in the administration of this chapter are confidential and shall not be published or be open for public inspection, except as provided below: (a) Information and records may be made available to public employees in the performance of their duties, but the agency receiving the information and records shall assure the confidentiality, as required in this section, of all information and records so released by entering into a written, enforceable, and terminable agreement with the cabinet...
Question 7-What safeguards are required for data disclosure?
Detail Level:
Broad Mention
Relevant Subsections:
(3)(a)
Relevant Language:
TITLE XXVII - LABOR AND HUMAN RIGHTS, CHAPTER 341 - UNEMPLOYMENT COMPENSATION ADMINISTRATIVE ORGANIZATIONS, §341.190. RECORDS AND REPORTS – CONFIDENTIAL TREATMENT – EXCEPTIONS ... (3) Information obtained from an employing unit or individual and other records made by the cabinet in the administration of this chapter are confidential and shall not be published or be open for public inspection, except as provided below: (a) Information and records may be made available to public employees in the performance of their duties, but the agency receiving the information and records shall assure the confidentiality, as required in this section, of all information and records so released by entering into a written, enforceable, and terminable agreement with the cabinet and by satisfying the safeguards set forth in the federal confidentiality and disclosure requirements as prescribed by 42 U.S.C. sec. 503, 26 U.S.C. sec. 3304, and 20 C.F.R. sec. 603.9.
Question 8-What are the payment provisions for data disclosure?
Detail Level:
Broad Mention
Relevant Subsections:
(4)(b)-(c)
Relevant Language:
TITLE XXVII - LABOR AND HUMAN RIGHTS, CHAPTER 341 - UNEMPLOYMENT COMPENSATION ADMINISTRATIVE ORGANIZATIONS, §341.190. RECORDS AND REPORTS – CONFIDENTIAL TREATMENT – EXCEPTIONS ...
(4) Disclosures shall be made under subsection (3) of this section only if ... (b) No more than an incidental amount of staff time or a
nominal processing cost is required to make the disclosure; or (c)
The cost of providing the information and records is paid by the recipient prior to the disclosure, consistent with federal laws and regulations, except this requirement shall not apply to disclosures made under subsection (3)(c) and (f) of this section if the cabinet attempts without success to recover the cost of disclosure.
For disclosures made to public employees under subsection (3)(a) of this section, this
requirement shall be met if the agency provides a reciprocal benefit to the cabinet in the administration of the unemployment insurance program,
or if a reasonable reimbursement for the disclosure shall be determined under federal law.
Question 9-What are the penalties for violating disclosure rules?
Detail Level:
Detailed Explanation
Relevant Subsections:
(1), (5), (6)(b), (8), 11
Relevant Language:
TITLE XXVII - LABOR AND HUMAN RIGHTS, CHAPTER 341 - UNEMPLOYMENT COMPENSATION PENALTIES, §341.990 PENALTIES. (1) Except as otherwise provided in subsection (11) of this section, any employee of any state agency who violates any of the provisions of KRS 341.110 to 341.230 shall be guilty of a Class B misdemeanor ... (5) Any person who knowingly makes a false statement or representation of a material fact or knowingly fails to disclose a material fact to the secretary to obtain or increase any benefit under this chapter or under an employment security law of any other state, or of the federal government, either for himself or for any other person, business entity, or organization shall be guilty of a Class A misdemeanor unless the value of the benefits procured or attempted to be procured is one hundred dollars ($100) or more, in which case he shall be guilty of a Class D felony ... (6) ... (b) Any person who willfully fails or refuses to furnish any reports required, or to produce or permit the inspection or copying of records required in this chapter shall be guilty of a Class B misdemeanor. Each such false statement, representation or failure and each day of failure or refusal shall constitute a separate offense ... (8) Any person who willfully violates any provision of this chapter or any rule or regulation under it, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which no specific penalty is prescribed in this chapter or in any other applicable statute, shall be guilty of a violation ... (11) Any person who violates the confidentiality provision in KRS 341.190(3) shall be guilty of a Class A misdemeanor.
