New Mexico Unemployment Insurance Data
Question 1-How is confidential data defined?
Detail Level:
Broad Mention
Relevant Language:
TITLE 11 - LABOR AND WORKERS COMPENSATION, CHAPTER 3 - EMPLOYMENT SECURITY, PART 100 - GENERAL PROVISIONS, §11.3.100.106 - AVAILABILITY AND CONFIDENTIALITY OF DEPARTMENT RECORDS ...The Public Records Act permits the inspection of public records of this state “except as otherwise provided by law,” NMSA 1978, Section14-2-1(8). NMSA 1978, Section 51-1-32 requires that “information obtained from employers, employing units or claimants pursuant to the administration of the Unemployment Compensation Law and determinations as to the benefit rights of any claimant are confidential and shall not be open to inspection in any manner revealing the claimant’s employer’s or employing unit’s identity except that such information may be made available to those designated persons and agencies, and for the purposes specified in regulations issued by the secretary.”
Question 2-Who is authorized to disclose data?
Detail Level:
Detailed Explanation
Relevant Subsections:
(D) -(E)
Relevant Language:
TITLE 11 - LABOR AND WORKERS COMPENSATION, CHAPTER 3 - EMPLOYMENT SECURITY, PART 100 - GENERAL PROVISIONS, §11.3.100.106 - AVAILABILITY AND CONFIDENTIALITY OF DEPARTMENT RECORDS...(D) With the consent and approval of the secretary and upon advice of the department’s general counsel, the contents of the department’s files and records may be released to law enforcement agencies for the purpose of criminal investigations and child support proceedings. (E) From time to time, the department may enter into agreements to exchange information with other government agencies and with non-government providers of public assistance, which agreements may provide for the exchange of information otherwise confidential under NMSA 1978, Section 51-1-32. ...
Question 3-For what purposes may data be disclosed?
Detail Level:
Broad Mention
Citation:
§ 11.3.100.106; § 11.3.100.107
Relevant Subsections:
(A),(D), (E); (E(1),(3,(4), H(4)
Relevant Language:
TITLE 11 - LABOR AND WORKERS COMPENSATION, CHAPTER 3 - EMPLOYMENT SECURITY, PART 100 - GENERAL PROVISIONS, §11.3.100.106 - AVAILABILITY AND CONFIDENTIALITY OF DEPARTMENT RECORDS: (A) The Public Records Act permits the inspection of public records of this state “except as otherwise provided by law,” NMSA 1978, Section14-2-1(8). NMSA 1978, Section 51-1-32 requires that “information obtained from employers, employing units or claimants pursuant to the administration of the Unemployment Compensation Law and determinations as to the benefit rights of any claimant are confidential and shall not be open to inspection in any manner revealing the claimant’s employer’s or employing unit’s identity except that such information may be made available to those designated persons and agencies, and for the purposes specified in regulations issued by the secretary.”... D. With the consent and approval of the secretary and upon advice of the department’s general counsel, the contents of the department’s files and records may be released to law enforcement agencies for the purpose of criminal investigations and child support proceedings. E. From time to time, the department may enter into agreements to exchange information with other government agencies and with non-government providers of public assistance...for the purpose of obtaining information necessary for the department to provide services to its customers or so that other agencies can provide public assistance benefits to the individuals about whom the information pertains. ...§11.3.100.107 - WEBSITE. E. PROPERTY OF THE DEPARTMENT: ... The material, information or programs on the department website: (1) are provided as a public service for informational and educational purposes only. ... (3) may be used only for the purpose of gaining general information or for nonprofit purposes. (4) is for public use and may be duplicated and disseminated for non-commercial purposes so long as not subject to another's copyright; ... H. (4) Any personally identifiable information provided to the department will be used solely by the department, its agents, contractor and employees in accordance with NMSA 1978, Section 14-8-21, unless the information is designated as a public record under the Public Records Act.
Question 4-To which parties may data be disclosed?
Detail Level:
Broad Mention
Relevant Subsections:
(C),(E)
Relevant Language:
TITLE 11 - LABOR AND WORKERS COMPENSATION, CHAPTER 3 - EMPLOYMENT SECURITY, PART 100 - GENERAL PROVISIONS, §11.3.100.106 - AVAILABILITY AND CONFIDENTIALITY OF DEPARTMENT RECORDS ... C. The contents of the department’s files and records shall not be released to any person except the employers, employing units or claimants to whom the file or record pertains or the employers’, employing units’ or claimants ’authorized representative, and then, only upon a signed, written release, court order,grand jury subpoena or search warrant. ... E. From time to time, the department may enter into agreements to exchange information with other government agencies and with non-government providers of public assistance.
Question 5-What specific data elements may be disclosed?
Detail Level:
Broad Mention
Relevant Language:
TITLE 11 - LABOR AND WORKERS COMPENSATION, CHAPTER 3 - EMPLOYMENT SECURITY, PART 100 - GENERAL PROVISIONS, §11.3.100.106 - AVAILABILITY AND CONFIDENTIALITY OF DEPARTMENT RECORDS...B. The department’s files and records, including but not limited to investigation reports, statements, memoranda, correspondence or other data, regardless of the media on which stored, pertaining to matters under consideration or scheduled for hearing, other departmental proceeding or judicial appeal shall be available for inspection and copying, at any reasonable time by the employing unit or individual who is a party to any proceeding before the department.
Question 6-What are the content requirements for data sharing agreements?
Detail Level:
Detailed Explanation
Citation:
NM § 11.3.100.106
Relevant Subsections:
(B) - (C)
Relevant Language:
TITLE 11 - LABOR AND WORKERS COMPENSATION, CHAPTER 3 - EMPLOYMENT SECURITY, PART 100 - GENERAL PROVISIONS, §11.3.100.106 - AVAILABILITY AND CONFIDENTIALITY OF DEPARTMENT RECORDS...B. The department’s files and records, including but not limited to investigation reports, statements, memoranda, correspondence or other data, regardless of the media on which stored, pertaining to matters under consideration or scheduled for hearing, other departmental proceeding or judicial appeal shall be available for inspection and copying, at any reasonable time by the employing unit or individual who is a party to any proceeding before the department. C. The contents of the department’s files and records shall not be released to any person except the employers, employing units or claimants to whom the file or record pertains or the employers’, employing units’ or claimants ’authorized representative, and then, only upon a signed, written release, court order, grand jury subpoena or search warrant. Except in instances of court orders, grand jury subpoenas and search warrants, if more than one party is named in the file or record sought, both parties must sign a consent to the release of the file or record if it is sought for any purpose other than a proceeding before the department.
Detail Level:
Detailed Explanation
Relevant Language:
CHAPTER 51 - UNEMPLOYMENT COMPENSATION, ARTICLE 1 - UNEMPLOYMENT COMPENSATION, §51-1-32 - DISCLOSURE OF INFORMATION; PENALTY...(B) Information will be provided from the records ofthe department only pursuant to an agreement which specifies in addition toother requirements established by the secretary: (1) the express purpose for which the informationwill be used; (2) assurances that the requesting party will protect the confidentiality ofthe information against unauthorized use or disclosure; (3) assurances that the requesting agency willreciprocate on a continuing basis in providing information requested by thedepartment in the administration of employment and unemployment compensationprograms; and (4) the obligation of the requesting party or agencyto pay to the department the reasonable cost, as determined by the secretary,of providing the information.
Question 7-What safeguards are required for data disclosure?
Detail Level:
Detailed Explanation
Citation:
NM § 11.3.100.106
Relevant Subsections:
(C), (E)(5), (H)(2-3), 11
Relevant Language:
TITLE 11 - LABOR AND WORKERS COMPENSATION, CHAPTER 3 - EMPLOYMENT SECURITY, PART 100 - GENERAL PROVISIONS...C. The contents of the department’s files and records shall not be released to any person except the employers, employing units or claimants to whom the file or record pertains or the employers’, employing units’ or claimants ’authorized representative, and then, only upon a signed, written release, court order, grand jury subpoena or search warrant. Except in instances of court orders, grand jury subpoenas and search warrants, if more than one party is named in the file or record sought, both parties must sign a consent to the release of the file or record if it is sought for any purpose other than a proceeding before the department. 11.3.100.107 WEBSITE: ... E. PROPERTY OF THE DEPARTMENT: ... (5) may not be used for commercial purposes of any kind without the written permission of a division director or higher officer of the department except that employment listings may be used by individual websites users for obtaining employment. H. (2) Personally identifiable information: ... (3) Except where specified, website users need not provide personally identifiable information to visit the department website or download information from the website. (5) Unless the user chooses to provide the information for a specific purpose, personally identifiable information is not collected and maintained by the department. (11) To maintain the website user’s privacy, the department requires the use of a password before accessing any personal or account information. The department shall provide methods for the assignment of user names and passwords in a manner customary in the industry from time to time.
Detail Level:
Detailed Explanation
Relevant Subsections:
(B)(2)
Relevant Language:
CHAPTER 51 - UNEMPLOYMENT COMPENSATION, SECTION 1 - UNEMPLOYMENT COMPENSATION, §51-1-32 - DISCLOSURE OF INFORMATION; PENALTY...(B) Information will be provided from the recordsof the department only pursuant to an agreement which specifies in addition to otherrequirements established by the secretary...(2) assurances that the requesting party will protect theconfidentiality of the information against unauthorized use or disclosure.
Question 8-What are the payment provisions for data disclosure?
Detail Level:
Detailed Explanation
Citation:
NM § 11.3.100.106
Relevant Subsections:
(F)(1)-(8)
Relevant Language:
TITLE 11 - LABOR AND WORKERS COMPENSATION, CHAPTER 3 - EMPLOYMENT SECURITY, PART 100 - GENERAL PROVISIONS, §106 - AVAILABILITY AND CONFIDENTIALITY OF DEPARTMENT RECORDS... (F) Unless otherwise provided by statute or a written agreement provided in Subsection E of 11.3.100.106 NMAC, the department shall charge the indicated fees for copies of department files and records: (1)
audio tape, $3.00 per tape; (2)
video tape, $5.00 per tape; (3)
floppy disc, $1.00 per disc; (4)
CD or DVD disc, $5.00 per disc; (5)
printed paper copies, $1.00 of first page of file or request; 50 cents per page thereafter up to 100 copies; 25 cents all copies thereafter within the same file or request; (6)
staff research time, $20.00 per hour for all time in excess of one hour spent in locating or reviewing a file prior to copying; (7)
employment or income verification, whether or not copies are requested, $6.00; and (8)
any other request shall be charged at a reasonable rate for the equipment, staff and other resources used to provide the copies.
Detail Level:
Broad Mention
Relevant Subsections:
(B)(4)
Relevant Language:
CHAPTER 51 - UNEMPLOYMENT COMPENSATION, ARTICLE 1 - UNEMPLOYMENT COMPENSATION, §51-1-32 - DISCLOSURE OF INFORMATION; PENALTY...B...(4) the obligation of the requesting party or agency to pay to the department the reasonable cost, as determined by the secretary, of providing the information.
Question 9-What are the penalties for violating disclosure rules?
Detail Level:
Not Addressed
Detail Level:
Detailed Explanation
Relevant Language:
CHAPTER 51 - UNEMPLOYMENT COMPENSATION, CHAPTER 51 - UNEMPLOYMENT COMPENSATION, §51-1-32 - DISCLOSURE OF INFORMATION; PENALTY...C. Any employee or member of the department or board of review who, in violation of the provisions of this section, makes any disclosure of information obtained from any employing unit or individual in the administration of the Unemployment Compensation Law or any person who has obtained any list of applicants for work or of claimants or recipients of benefits under the Unemployment Compensation Law who uses or permits the use of such list for any political purpose shall be fined not less than twenty dollars ($20.00) or more than two hundred dollars ($200) or imprisoned for not more than ninety days or both.
