Minnesota Unemployment Insurance Data

Detailed Explanation

Minn. Stat. § 268.19

(1)(a)

§ 268.19 - DATA PRIVACY, SUBDIVISION 1 - USE OF DATA.(a) Except as provided by this section,data gathered from any person under the administration of the Minnesota Unemployment Insurance Law are private data on individuals or nonpublic data not on individuals as defined in section 13.02

5/3/2017

Detailed Explanation

Minn.Stat. 13.02

3, 5, 8(a), 9, 12

§ 13.02 - DEFINITIONS, SUBDIVISION 3 - CONFIDENTIAL DATA ON INDIVIDUALS, "Confidential data on individuals" are data made not public by statute or federal law applicable to the data and are inaccessible to the individual subject of those data. SUBDIVISION 5 - DATA ON INDIVIDUALS, "Data on individuals" means all government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or other identifying data can be clearly demonstrated to be only incidental to the data and the data are not accessed by the name or other identifying data of any individual. SUBDIVISION 8a - NOT PUBLIC DATA, "Not public data" are any government data classified by statute, federal law, or temporary classification as confidential, private, nonpublic, or protected nonpublic. SUBDIVISION 9 - NONPUBLIC DATA, "Nonpublic data" are data not on individuals made by statute or federal law applicable to the data: (a) not accessible to the public; and (b) accessible to the subject, if any, of the data. SUBDIVISION 12 - PRIVATE DATA ON INDIVIDUALS, "Private data on individuals" are data made by statute or federal law applicable to the data: (a) not public; and (b) accessible to the individual subject of those data.

5/8/2017

Detailed Explanation

Minn. Stat. § 268.19

1(a)

§ 268.19 - DATA PRIVACY, SUBDIVISION 1 - USE OF DATA. (a) Except as provided by this section, data gathered from any person under the administration of the Minnesota Unemployment Insurance Law are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court order or section 13.05. A subpoena is not considered a district court order. These data may be disseminated to and used by the following agencies without the consent of the subject of the data ... 

5/8/2017

Broad Mention

Minn. Stat. 13.05

3

§ 13.05 - DUTIES OF RESPONSIBLE AUTHORITY, SUBDIVISION 3 - GENERAL STANDARDS FOR COLLECTION AND STORAGE, Collection and storage of all data on individuals and the use and dissemination of private and confidential data on individuals shall be limited to that necessary for the administration and management of programs specifically authorized by the legislature or local governing body or mandated by the federal government.

5/8/2017

Detailed Explanation

Minn. Stat. § 268.19

1(a)(3), (7), (15); (1a)(b)

§ 268.19 - DATA PRIVACY, SUBDIVISION 1 - USE OF DATA. (a)...(3) any agency responsible for the maintenance of a system of public employment offices for the purpose of assisting individuals in obtaining employment;...(7) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients; ... (15) the Department of Corrections for the purpose of case planning for preprobation and post probation employment tracking of offenders sentenced to probation and preconfinement and postconfinement employment tracking of committed offenders;...(17) the Office of Higher Education for purposes of supporting program improvement, system evaluation, and research initiatives including the Statewide Longitudinal Education Data System...SUBDIVISION 1a - WAGE DETAIL DATA...(b)... This data is furnished solely for the purpose of evaluating the employment and training services provided. ...   

5/8/2017

Broad Mention

Minn. Stat. 13.05

(4)(a)

§ 13.05 - DUTIES OF RESPONSIBLE AUTHORITY, SUBDIVISION 4 - LIMITATIONS ON COLLECTION AND USE OF DATA, Private or confidential data on an individual shall not be collected, stored, used, or disseminated by government entities for any purposes other than those stated to the individual at the time of collection in accordance with section 13.04, except as provided in this subdivision.(a) Data collected prior to August 1, 1975, and which have not been treated as public data, may be used, stored,and disseminated for the purposes for which the data was originally collected or for purposes which are specifically approved by the commissioner as necessary to public health, safety, or welfare. 

5/8/2017

Detailed Explanation

Minn. Stat. § 268.19

1(a)(1)-(3),(6)-(9), (13)-(17)(c); 1a(a)-(b)

§ 268.19 - DATA PRIVACY, SUBDIVISION 1 - USE OF DATA. (a) ... These data may be disseminated to and used by the following agencies without the consent of the subject of the data:(1) state and federal agencies specifically authorized access to the data by state or federal law;(2) any agency of any other state or any federal agency charged with the administration of an unemployment insurance program;(3) any agency responsible for the maintenance of a system of public employment offices for the purpose of assisting individuals in obtaining employment; ...;(6) the Department of Revenue to the extent necessary for its duties under Minnesota laws;(7) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the Department of Commerce for uses consistent with the administration of their duties under Minnesota law;(9) the Department of Human Services and the Office of Inspector General and its agents within the Department of Human Services, including county fraud investigators, for investigations related to recipient or provider fraud and employees of providers when the provider is suspected of committing public assistance fraud; ... (13) the United States Immigration and Customs Enforcement has access to data on specific individuals and specific employers provided the specific individual or specific employer is the subject of an investigation by that agency;(14) the Department of Health for the purposes of epidemiologic investigations; (15) the Department of Corrections for the purpose of case planning for preprobation and postprobation employment tracking of offenders sentenced to probation and preconfinement and postconfinement employment tracking of committed offenders;(16) the state auditor to the extent necessary to conduct audits of job opportunity building zones as required under section 469.3201; and(17) the Office of Higher Education for purposes of supporting program improvement, system evaluation, and research initiatives including the Statewide Longitudinal Education Data System....(c) Data gathered by the department in the administration of the Minnesota unemployment insurance program must not be made the subject or the basis for any suit in any civil proceedings,administrative or judicial, unless the action is initiated by the department. SUBDIVISION 1a - WAGE DETAIL DATA. (a) Wage and employment data gathered under section 268.044 may be disseminated to and used, without the consent of the subject of the data, by an agency of another state that is designated as the performance accountability and consumer information agency ...(b) The commissioner may enter into a data exchange agreement with an employment and training service provider ... 

5/8/2017

Detailed Explanation

Minn. Stat. 13.05

(4)(b)-(d)

§ 13.05 - DUTIES OF RESPONSIBLE AUTHORITY, SUBDIVISION 4 - LIMITATIONS ON COLLECTION AND USE OF DATA. Private or confidential data on an individual shall not be collected, stored, used, or disseminated by government entities for any purposes other than those stated to the individual at the time of collection in accordance with section 13.04,except as provided in this subdivision ...(b) Private or confidential data may be used and disseminated to individuals or entities specifically authorized access to that data by state, local, or federal law enacted or promulgated after the collection of the data. (c) Private or confidential data maybe used and disseminated to individuals or entities subsequent to the collection of the data when the responsible authority maintaining the data has requested approval for a new or different use or dissemination of the data and that request has been specifically approved by the commissioner as necessary to carry out a function assigned by law. (d) Private data may be used by and disseminated to any person or entity if the individual subject or subjects of the data have given their informed consent...

5/8/2017

Detailed Explanation

Minn. Stat. § 268.19

1a(a)-(b); 2(b)

§ 268.19 - DATA PRIVACY, SUBDIVISION 1 - USE OF DATA. ... SUBDIVISION 1a - WAGE DETAIL DATA. (a) Wage and employment data gathered under section 268.044 may be disseminated to and used,without the consent of the subject of the data, by an agency of another state that is designated as the performance accountability and consumer information agency for that state under Code of Federal Regulations, volume 20, part 663.510(c), in order to carry out the requirements of the Workforce Investment Act of 1998, United States Code, title 29, sections 2842 and 2871.(b) The commissioner may enter into a data exchange agreement with an employment and training service provider under section 116L.17, or the Workforce Investment Act of 1998, United States Code, title 29, section 2864, under which the commissioner, with the consent of the subject of the data, may furnish data on the quarterly wages paid and number of hours worked on those individuals who have received employment and training services from the provider. ... SUBDIVISION 2 - EMPLOYER INFORMATION;...(b) The commissioner may disseminate an employer's name and address and the name and address of any employer's unemployment insurance processing agent in order to administer the Minnesota unemployment insurance program...

5/8/2017

Not Addressed

5/3/2017

Broad Mention

Minn. Stat. § 13.05

1(a)(4), (d)

§ 13.05 - DUTIES OF RESPONSIBLE AUTHORITY, SUBDIVISION 4 -LIMITATIONS ON COLLECTION AMD USE OF DATA. Private or confidential data on an individual shall not be collected, stored, used, or disseminated by government entities for any purposes other than those stated to the individual at the time of collection in accordance with section 13.04, except as provided in this subdivision...(d) Private data may be used by and disseminated to any person or entity if the individual subject or subjects of the data have given their informed consent. Whether a data subject has given informed consent shall be determined by rules of the commissioner.  ...

5/8/2017

Detailed Explanation

Minn. Stat.13.05

4a(1)-(7), 11(a)

§ 13.05 - DUTIES OF RESPONSIBLE AUTHORITY, SUBDIVISION 4a - INFORMED CONSENT FOR INSURANCE PURPOSES.Informed consent for insurance purposes must comply with this subdivision, unless otherwise prescribed by the HIPAA Standards for Privacy of Individually Identifiable Health Information, Code of Federal Regulations, title 45, and section 164.Informed consent for insurance purposes is not considered to have been given by an individual subject of data by the signing of a statement authorizing a government entity to disclose information about the individual to an insurer or its authorized representative, unless the statement is: (1) In plain language; (2) dated; (3) specific in designating the government entity the data subject is authorizing to disclose information about the data subject; (4) specific as to the nature of the information the data subject is authorizing to be disclosed;(5) specific as to the persons to whom the data subject is authorizing information to be disclosed; (6) specific as to the purpose or purposes for which the information may be used by any of the persons named in clause (5),both at the time of the disclosure and at any time in the future; and (7)specific as to its expiration date, which must be within a reasonable period of time, not to exceed one year. Notwithstanding clause (7), in the case of authorizations given in connection with applications for life insurance or noncancelable or guaranteed renewable health insurance that is so identified, the expiration date must not exceed two years after the date of the policy. An authorization in connection with medical assistance under chapter 256B or Minnesota Care under chapter 256L or for individualized education program health related services provided by a school district under section 125A.21,subdivision 2, is valid during all terms of eligibility... SUBDIVISION 11 - PRIVATIZATION. (a) .... All contracts entered into by a government entity must include a notice that the requirements of this subdivision apply to the contract. Failure to include the notice in the contract does not invalidate the application of this subdivision.

5/8/2017

Detailed Explanation

Minn. Stat. § 268.19

1(a); 1a

§ 268.19 - DATA PRIVACY, SUBDIVISION 1 - USE OF DATA. (a) Except as provided by this section, data gathered from any person under the administration of the Minnesota Unemployment Insurance Law are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court order or section 13.05. SUBDIVISION 1a. - WAGE DETAIL DATA...(b) The commissioner may enter into a data exchange agreement with an employment and training service provider under section 116L.17, or the Workforce Investment Act of 1998, United States Code, title 29, section 2864, under which the commissioner, with the consent of the subject of the data, may furnish data on the quarterly wages paid and number of hours worked on those individuals who have received employment and training services from the provider. With the initial consent of the subject of the data, this data may be shared for up to three years after termination of the employment and training services provided to the individual without execution of an additional consent. ... The data subject's ability to receive service is not affected by a refusal to give consent under this paragraph. The consent form must state this fact. 

5/8/2017

Detailed Explanation

Minn. Stat.13.05

5(a)(1)-(3)(b), (7), (13)

§ 13.05 - DUTIES OF RESPONSIBLE AUTHORITY... SUBDIVISION 5 - DATA PROTECTION. (a) The responsible authority shall: (1) establish procedures to assure that all data on individuals is accurate, complete, and current for the purposes for which it was collected; (2) establish appropriate security safeguards for all records containing data on individuals, including procedures for ensuring that data that are not public are only accessible to persons whose work assignment reasonably requires access to the data, and is only being accessed by those persons for purposes described in the procedure; and (3) develop a policy incorporating these procedures, which may include a model policy governing access to the data if sharing of the data with other government entities is authorized by law.(b) When not public data is being disposed of, the data must be destroyed in a way that prevents its contents from being determined ...SUBDIVISION 7 - PREPARATION OF SUMMARY DATA. ... The responsible authority shall prepare summary data from private or confidential data on individuals upon the request of any person if the request is in writing and the cost of preparing the summary data is borne by the requesting person. ... SUBDIVISION 13 - DATA PRACTICES COMPLIANCE OFFICIAL. By December 1, 2000, each responsible authority or other appropriate authority in every government entity shall appoint or designate an employee of the government entity to act as the entity's data practices compliance official. ...

5/8/2017

Broad Mention

Minn. Stat. 13.05

4(d),(7),(9).

§13.05 DUTIES OF RESPONSIBLE AUTHORITY ...SUBDIVISION 4 - LIMITATIONS ON COLLECTION AND USE OF DATA. ... (d) ... The responsible authority may require a person requesting copies of data under this paragraph to pay the actual costs of making and certifying the copies. SUBDIVISION 7. ... The responsible authority shall prepare summary data from private or confidential data on individuals upon the request of any person if the request is in writing and the cost of preparing the summary data is borne by the requesting person. ... SUBDIVISION 9 - INTERGOVERNMENTAL ACCESS OF DATA. ... An entity that supplies government data under this subdivision may require the requesting entity to pay the actual cost of supplying the data. ...

5/8/2017

Detailed Explanation

Minn. Stat. 13.05; 13.08

11; 1, 2.

§ 13.05 - DUTIES OF RESPONSIBLE AUTHORITY. SUBDIVISION 11 - PRIVATIZATION. (a) ... The remedies in section 13.08 apply to the private person under this subdivision.

§ 13.08 - CIVIL REMEDIES. SUBDIVISION 1 - ACTION FOR DAMAGES. Notwithstanding section 466.03, a responsible authority or government entity which violates any provision of this chapter is liable to a person or representative of a decedent who suffers any damage as a result of the violation, and the person damaged or a representative in the case of private data on decedents or confidential data on decedents may bring an action against the responsible authority or government entity to cover any damages sustained, plus costs and reasonable attorney fees. In the case of a willful violation, the government entity shall, in addition, be liable to exemplary damages of not less than $1,000, nor more than $15,000 for each violation. .... SUBDIVISION 2 - INJUNCTION. A responsible authority or government entity which violates or proposes to violate this chapter may be enjoined by the district court. The court may make any order or judgment as may be necessary to prevent the use or employment by any person of any practices which violate this chapter. 

 

5/8/2017