Michigan Unemployment Insurance Data
Question 1-How is confidential data defined?
Detail Level:
Broad Mention
Relevant Subsections:
(b)(1)
Relevant Language:
CHAPTER 421 - EMPLOYMENT SECURITY, ACT 1 OF 1936 (EX SESS) MICHIGAN EMPLOYMENT SECURITY ACT, §421.11 EMPLOYMENT SECURITY COMMISSION; COOPERATION WITH FEDERAL AGENCY; REPORTS; COMPLIANCE WITH FEDERAL REGULATIONS; "SOCIAL SECURITY ACT' DEFINED; DISCLOSURE OF INFORMATION; RECIPROCAL AGREEMENTS...(b)(1) Information obtained from any employing unit or individual pursuant to the administration of this act and determinations as to the benefit rights of any individual are confidential and shall not be disclosed or open to public inspection...in any manner that reveals the individual's or the employing unit's identity or any identifying particular about any individual or any past or present employing unit or that could foreseeably be combined with other publicly available information to reveal identifying particulars. ...
Question 2-Who is authorized to disclose data?
Detail Level:
Broad Mention
Relevant Language:
CHAPTER 421 - EMPLOYMENT SECURITY, ACT 1 OF 1936 (EX SESS) MICHIGAN EMPLOYMENT SECURITY ACT, §421.11 EMPLOYMENT SECURITY COMMISSION; COOPERATION WITH FEDERAL AGENCY; REPORTS; COMPLIANCE WITH FEDERAL REGULATIONS; "SOCIAL SECURITY ACT" DEFINED; DISCLOSURE OF INFORMATION; RECIPROCAL AGREEMENTS. (a) In the administration of this act, the commission shall cooperate with the appropriate agency of the United States under the social security act...
Question 3-For what purposes may data be disclosed?
Detail Level:
Detailed Explanation
Relevant Subsections:
(b)(1)(v)-(viii)
Relevant Language:
CHAPTER 421 - EMPLOYMENT SECURITY, ACT 1 OF 1936 (EX SESS) MICHIGAN EMPLOYMENT SECURITY ACT, §421.11 EMPLOYMENT AND SECURITY COMMISSION; COOPERATION WITH FEDERAL AGENCY; REPORTS; COMPLIANCE WITH FEDERAL REGULATIONS; "SOCIAL SECURITY ACT" DEFINED; DISCLOSURE OF INFORMATION; RECIPROCAL AGREEMENTS... (b)(1) ... (v)...information in the commission's possession may be made available to any agency...charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices...(vi) Information obtained in connection with the administration of this act may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or unemployment compensation program. Subject to restrictions that the commission prescribes by rule, the commission may also make that information available...for the administration of public assistance to unemployed workers; to the departments of this state; and to federal, state, and local law enforcement agencies in connection with a criminal investigation involving the health, safety, or welfare of the public. Information so released shall be used only for purposes not inconsistent with the purposes of this act...(vii) Upon request, the commission shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment...(viii)...the commission may also make information that it obtains available for use in connection with research projects of a public service nature to a college, university, or agency of this state that is acting as a contractor or agent of a public official and conducting research that assists the public official in carrying out the duties of the office...
Question 4-To which parties may data be disclosed?
Detail Level:
Broad Mention
Relevant Subsections:
(a), (b)(1)(vi), (vii)
Relevant Language:
CHAPTER 421 - EMPLOYMENT SECURITY, ACT 1 OF 1936 (EX SESS) MICHIGAN EMPLOYMENT SECURITY ACT, §421.11 EMPLOYMENT AND SECURITY COMMISSION; COOPERATION WITH FEDERAL AGENCY; REPORTS; COMPLIANCE WITH FEDERAL REGULATIONS; "SOCIAL SECURITY ACT" DEFINED; DISCLOSURE OF INFORMATION; RECIPROCAL AGREEMENTS. Sec. 11. (a) In the administration of this act, the commission shall cooperate with the appropriate agency of the United States under the social security act...(b)(1) Information obtained from any employing unit or individual pursuant to the administration of this act...shall not be disclosed or open to public inspection other than to public employees and public officials in the performance of their official duties under this act and to agents or contractors of those public officials, including those described in subdivision (viii)...(vi) Information obtained in connection with the administration of this act may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or unemployment compensation program... Subject to restrictions that the commission prescribes by rule, the commission may also make that information available to agencies of other states that are responsible for the administration of public assistance to unemployed workers; to the departments of this state; and to federal, state, and local law enforcement agencies in connection with a criminal investigation involving ... (vii)...to any agency of the United States charged with the administration of public works or assistance through public employment...
Question 5-What specific data elements may be disclosed?
Detail Level:
Detailed Explanation
Relevant Subsections:
(b)(2)
Relevant Language:
CHAPTER 421 - EMPLOYMENT SECURITY, ACT 1 OF 1936 (EX SESS) MICHIGAN EMPLOYMENT SECURITY ACT, §421.11 EMPLOYMENT SECURITY COMMISSION; COOPERATION WITH FEDERAL AGENCY; REPORTS; COMPLIANCE WITH FEDERAL REGULATIONS; "SOCIAL SECURITY ACT" DEFINED; DISCLOSURE OF INFORMATION; RECIPROCAL AGREEMENTS...(b)(2) The commission shall disclose to qualified requesting agencies, upon request, with respect to an identified individual, information in its records pertaining to the individual's name; social security number; gross wages paid during each quarter; the name, address, and federal and state employer identification number of the individual's employer; any other wage information; whether an individual is receiving, has received, or has applied for unemployment benefits; the amount of unemployment benefits the individual is receiving or is entitled to receive; the individual's current or most recent home address; whether the individual has refused an offer of work and if so a description of the job offered including the terms, conditions, and rate of pay; and any other information which the qualified requesting agency considers useful in verifying eligibility for, and the amount of, benefits. ...
Question 6-What are the content requirements for data sharing agreements?
Detail Level:
Broad Mention
Relevant Subsections:
b(6)
Relevant Language:
CHAPTER 421 - EMPLOYMENT SECURITY, ACT 1 OF 1936 (EX SESS) MICHIGAN EMPLOYMENT SECURITY ACT, §421.11 EMPLOYMENT SECURITY COMMISSION; COOPERATION WITH FEDERAL AGENCY; REPORTS; COMPLIANCE WITH FEDERAL REGULATIONS; "SOCIAL SECURITY ACT" DEFINED; DISCLOSURE OF INFORMATION; RECIPROCAL AGREEMENTS. (b)(6)
A recipient of confidential information under this act shall use the disclosed information only for purposes authorized by law and consistent with an agreement entered into with the unemployment insurance agency. The recipient shall not redisclose the information to any other individual or entity without the written permission of the unemployment insurance agency.
Question 7-What safeguards are required for data disclosure?
Detail Level:
Detailed Explanation
Relevant Subsections:
(b)(1)(ii)(A)-(C), (iii), (vi), (b)(6).
Relevant Language:
CHAPTER 421 - EMPLOYMENT SECURITY, ACT 1 OF 1936 (EX SESS) MICHIGAN EMPLOYMENT SECURITY ACT, §421.11 EMPLOYMENT SECURITY COMMISSION; COOPERATION WITH FEDERAL AGENCY; REPORTS; COMPLIANCE WITH FEDERAL REGULATIONS; "SOCIAL SECURITY ACT" DEFINED; DISCLOSURE OF INFORMATION; RECIPROCAL AGREEMENTS...(b)(1)(ii) Any information in the commission's possession that may affect a claim for benefits or a charge to an employer's experience account shall be available to interested parties as defined in R 421.201 of the Michigan administrative code, and to their agents, if their agents provide the unemployment insurance agency with a written authorization of representation from the party represented. A written authorization of representation is not required in any of the following circumstances: ... (B) If the request is made by an elected official performing constituent services and the elected official presents reasonable evidence that the identified individual authorized the disclosure. (C) If the request is made by a third party who is not acting as an agent for an interested party and the third party presents a release from an interested party for the information. The release shall be signed by an interested party; specify the information to be released and all individuals who may receive the information; and state the specific purpose for which the information is sought, that files of the state may be accessed to obtain the information, and that the information sought will only be used for the purpose indicated. The purpose specified in the release shall be limited to that of providing a service or benefit to the individual signing the release or carrying out administration or evaluation of a public program to which the release pertains. (iii) Except as provided in this act, the information and determinations shall not be used in any action or proceeding before any court or administrative tribunal unless the commission is a party to or a complainant in the action or proceeding, or unless used for the prosecution of fraud, civil proceeding, or other legal proceeding in the programs indicated in subdivision (2). (vi) ... The information shall only be released upon assurance by the entity receiving the information that it will reimburse the cost of providing the information and will not disclose the information except to the individual or employer that is the subject of the information, an attorney or agent of the individual or employer, or a prosecuting authority for or on behalf of the entity receiving the information. (6) A recipient of confidential information under this act shall use the disclosed information only for purposes authorized by law and consistent with an agreement entered into with the unemployment insurance agency. The recipient shall not redisclose the information to any other individual or entity without the written permission of the unemployment insurance agency.
Question 8-What are the payment provisions for data disclosure?
Detail Level:
Broad Mention
Relevant Subsections:
(b)(1)(vi)
Relevant Language:
CHAPTER 421 - EMPLOYMENT SECURITY, ACT 1 OF 1936 (EX SESS) MICHIGAN EMPLOYMENT SECURITY ACT, §421.11 EMPLOYMENT SECURITY COMMISSION; COOPERATION WITH FEDERAL AGENCY; REPORTS; COMPLIANCE WITH FEDERAL REGULATIONS; "SOCIAL SECURITY ACT" DEFINED; DISCLOSURE OF INFORMATION; RECIPROCAL AGREEMENTS ...(b)(1) ... (vi) ... The information shall only be released upon assurance by the entity receiving the information that it will reimburse the cost of providing the information and will not disclose the information except to the individual or employer that is the subject of the information, an attorney or agent of the individual or employer, or a prosecuting authority for or on behalf of the entity receiving the information.
Question 9-What are the penalties for violating disclosure rules?
Detail Level:
Broad Mention
Relevant Subsections:
(b)(1)(viii)
Relevant Language:
CHAPTER 421 - EMPLOYMENT SECURITY, ACT 1 OF 1936 (EX SESS) MICHIGAN EMPLOYMENT SECURITY ACT, §421.11 EMPLOYMENT SECURITY COMMISSION; COOPERATION WITH FEDERAL AGENCY; REPORTS; COMPLIANCE WITH FEDERAL REGULATIONS; "SOCIAL SECURITY ACT" DEFINED; DISCLOSURE OF INFORMATION; RECIPROCAL AGREEMENTS....(b)(1)...(viii)...The unemployment insurance agency shall enter into a written, enforceable agreement with the public official that holds the official responsible for ensuring that the agent or contractor maintains the confidentiality of the information. If the agreement is violated, the agreement shall be terminated and the public official may be subject to penalties equivalent to those that apply under section 54(f) to a person associated with a college, university, or public agency who discloses confidential information.
