North Dakota Unemployment Insurance Data
Question 1-How is confidential data defined?
Detail Level:
Broad Mention
Citation:
N.D.C.C. § 52-01-03
Relevant Language:
TITLE 52 - SOCIAL SECURITY, CHAPTER 52-01 - DEFINITIONS AND GENERAL PROVISIONS, §52-01-03 - DISCLOSURE OF INFORMATION.1. Except as otherwise provided in this section, information obtained from any employing unit or individual pursuant to the administration of the North Dakota unemployment compensation law and determinations as to the benefit rights of any individual must be held confidential and may not be disclosed or be open to public inspection in any manner revealing the individual's or employing unit's identity...
Question 2-Who is authorized to disclose data?
Detail Level:
Broad Mention
Citation:
N.D.C.C. § 52-01-03
Relevant Language:
TITLE 52 - SOCIAL SECURITY, CHAPTER 52-01 - DEFINITIONS AND GENERAL PROVISIONS, §52-01-03. DISCLOSURE OF INFORMATION...2. Subject to restrictions as the bureau by rule may prescribe, the information may be made available...Upon a request, the bureau shall furnish...
Question 3-For what purposes may data be disclosed?
Detail Level:
Detailed Explanation
Citation:
N.D.C.C. § 52-01-03
Relevant Subsections:
2-6, 8
Relevant Language:
TITLE 52 - SOCIAL SECURITY, CHAPTER 52-01 - DEFINITIONS AND GENERAL PROVISIONS, §52-01-03. DISCLOSURE OF INFORMATION...2. Subject to restrictions as the bureau by rule may prescribe, the information may be made available...for purposes appropriate to the operation of a public employment service...The bureau shall request and exchange information for purposes of income and eligibility verification to meet the requirements of section 1137 of the Social Security Act. Job service North Dakota may enter into memoranda of understanding with the United States census bureau to furnish unemployment insurance data to the census bureau and for sharing of information with job service North Dakota. 3. Job service North Dakota may provide...for purposes of the statewide longitudinal data system...and may enter into interagency agreements...for the exchange of information that will enhance the administration of the unemployment insurance program. Any information furnished...is to be used only for governmental purposes. 4. The bureau may provide...for the purpose of jointly publishing or distributing publications or other information as provided in section 54-06-04.3. Any information so provided may only be used for the purpose of jointly publishing or distributing publications or other information as provided in section 54-06-04.3. 5. Whenever the bureau obtains information on the activities of a contractor doing business in this...the bureau shall provide any relevant information to...officials for the purpose of administering their duties. 6. The bureau shall request and exchange information...for the purpose of administering the duties of such governmental agencies...8. Job service North Dakota may enter an interagency agreement with the department of commerce for the sharing of information obtained pursuant to the administration of the unemployment insurance program...Information provided by job service North Dakota under an agreement may be used only for purposes of evaluation by the department of commerce of the compliance with statutory or contractual performance standards established for employers who received North Dakota state economic development assistance...Any information furnished pursuant to this subsection or pursuant to interagency agreements authorized by this subsection is to be used for governmental purposes.
Question 4-To which parties may data be disclosed?
Detail Level:
Detailed Explanation
Citation:
N.D.C.C. § 52-01-03
Relevant Subsections:
2-4, 6, 8
Relevant Language:
TITLE 52 - SOCIAL SECURITY, CHAPTER 52-01 - DEFINITIONS AND GENERAL PROVISIONS, §52-01-03. DISCLOSURE OF INFORMATION...2...information may be made available to any agency of this or any other state, or any federal agency, charged with the administration of any unemployment compensation law or the maintenance of a system of public employment offices, or the bureau of internal revenue of the United States department of the treasury, and 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. Upon a request, the bureau 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 bureau may request the comptroller of the currency of the United States to cause an examination of the correctness of any return or report of any national banking association...Job service North Dakota may enter into memoranda of understanding with the United States census bureau...3. Job service North Dakota may provide workforce safety and insurance, the labor commissioner, the driver's license division of the department of transportation, the department of human services, the department of commerce, the state tax commissioner, and the information technology department...4. The bureau may provide any state agency or a private entity...for the purpose of administering their duties. 6. The bureau shall request and exchange information as required of it under federal law with any specified governmental agencies...8. Job service North Dakota may enter an interagency agreement with the department of commerce for the sharing of information obtained pursuant to the administration of the unemployment insurance program...
Question 5-What specific data elements may be disclosed?
Detail Level:
Detailed Explanation
Citation:
N.D.C.C. § 52-01-03
Relevant Subsections:
2, 4, 6
Relevant Language:
TITLE 52 - SOCIAL SECURITY, CHAPTER 52-01 - DEFINITIONS AND GENERAL PROVISIONS, §52-01-03. DISCLOSURE OF INFORMATION...2...Upon a request, the bureau shall furnish...the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient's rights to further benefits under the North Dakota unemployment compensation law...4. The bureau may provide any state agency or a private entity with the names and addresses of employing units for the purpose of jointly publishing or distributing publications or other information as provided in section 54-06-04.3... 6. The bureau shall request and exchange information as required of it under federal law with any specified governmental agencies...
Question 6-What are the content requirements for data sharing agreements?
Detail Level:
Broad Mention
Citation:
N.D.C.C. § 52-01-03
Relevant Language:
TITLE 52 - SOCIAL SECURITY, CHAPTER 52-01 - DEFINITIONS AND GENERAL PROVISIONS, §52-01-03. DISCLOSURE OF INFORMATION...2...The bureau shall request and exchange information for purposes of income and eligibility verification to meet the requirements of section 1137 of the Social Security Act...
Question 7-What safeguards are required for data disclosure?
Detail Level:
Broad Mention
Citation:
N.D.C.C. § 52-01-02
Relevant Language:
TITLE 52 - SOCIAL SECURITY, CHAPTER 52-01 - DEFINITIONS AND GENERAL PROVISIONS, §52-01-03. DISCLOSURE OF INFORMATION. 2. Subject to restrictions as the bureau by rule may prescribe, the information may be made available to any agency of this or any other state, or any federal agency, charged with the administration of any unemployment compensation law or the maintenance of a system of public employment offices, or the bureau of internal revenue of the United States department of the treasury, and 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. ...
Question 8-What are the payment provisions for data disclosure?
Detail Level:
Not Addressed
Question 9-What are the penalties for violating disclosure rules?
Detail Level:
Detailed Explanation
Citation:
N.D.C.C. §§ 52-01-02; 04
Relevant Subsections:
2; 4
Relevant Language:
TITLE 52 - SOCIAL SECURITY, CHAPTER 52-01 - DEFINITIONS AND GENERAL PROVISIONS, §52-01-02. EMPLOYING UNIT TO KEEP RECORDS - REPORTS OF EMPLOYING UNIT - PUBLIC INSPECTION PROHIBITED - EXCEPTION - PENALTY...An employer who refuses to submit the employer's records, including electronic records as defined in section 9-16-01, for inspection by an identified and assigned employee of job service North Dakota is subject to a civil penalty of five hundred dollars for each offense. The agency shall collect the penalty by civil action in the name of the state and shall deposit any penalty collected under this section to the credit of the fund established by section 52-04-22...52-01-04. PENALTY FOR USE OF LIST OF NAMES FOR POLITICAL PURPOSES. Any person who has obtained any list of applicants for work,claimants, or recipients of benefits from the bureau under any pretext, who uses or permits the use of such list for any political purpose, is guilty of a class B misdemeanor.
