Law and Regulation Details

New York Unemployment Insurance Data

Question 1-How is confidential data defined?

Detail Level:
Detailed Explanation
Citation:
3. N.Y.C. § 537
Relevant Subsections:
1.a.(i), 4., 5.
Relevant Language:
LABOR LAW, ARTICLE 18 - UNEMPLOYMENT INSURANCE LAW, TITLE 3 - ADMINISTRATION, § 537 - DISCLOSURES PROHIBITED. 1. a. UNEMPLOYMENT INSURANCE INFORMATION. (i) Unemployment insurance information is information contained in the records of the department pertaining to the administration of this article, including information obtained by the department from employers and employees pursuant to this article. The term includes wage reporting information obtained by the department from the state department of taxation and finance .... It further includes information in the state directory of new hires that has been disclosed to the department for use in the unemployment insurance program. Such information does not include the personnel or general fiscal information of the department or information in the public domain. 4. Wage reporting information obtained by the department from the state department of taxation and finance ... and information obtained or derived from quarterly combined withholding, wage reporting and unemployment insurance returns required to be filed by employers ...... shall be considered confidential ...5. Withholding tax information obtained by the department from the state department of taxation and finance ... shall be confidential and shall not be disclosed or redisclosed by any person or agency except in accordance with the provisions of subsections (e) and (1) of section six hundred ninety-seven of such law.  
Date Reviewed:
6/20/2017

Question 2-Who is authorized to disclose data?

Detail Level:
Detailed Explanation
Citation:
3. N.Y.C. § 537
Relevant Subsections:
3
Relevant Language:
LABOR LAW, ARTICLE 18 - UNEMPLOYMENT INSURANCE LAW, TITLE 3 - ADMINISTRATION, § 537 - DISCLOSURES PROHIBITED. 1. a. UNEMPLOYMENT INSURANCE INFORMATION. . . 3. EXCEPTIONS. The commissioner may, however, disclose the information described in subdivisions one and four of this section ...
Date Reviewed:
6/20/2017

Question 3-For what purposes may data be disclosed?

Detail Level:
Detailed Explanation
Citation:
3. N.Y.C. § 537
Relevant Subsections:
3(f)(g)(ii)(2)-(4)(8)(9),(h)(4).
Relevant Language:
LABOR LAW, ARTICLE 18 - UNEMPLOYMENT INSURANCE LAW, TITLE 3 - ADMINISTRATION, § 537 - DISCLOSURES PROHIBITED...3. EXCEPTIONS. The commissioner may, however, disclose the information described in subdivisions one and four of this section under the following circumstances: ...(f) United States census bureau. Upon request to the commissioner, such information may be disclosed to the United States census bureau for statistical analyses related to population and employment measurements and trends. The confidentiality of such information shall be protected by subdivisions one and two of this section and title thirteen of the United States Code and subject to the terms of a written agreement between the United States census bureau and the commissioner...(g) Federal, state and local agencies...(ii) The information disclosed pursuant to this paragraph may be disclosed to the following agencies to be used exclusively for the following legitimate governmental purposes: ...(2) any state or United States territorial workforce agency, local workforce investment board and its agents, and one-stop operating partner receiving funds under the workforce investment act of 1998 for program performance purposes and other legitimate programmatic purposes authorized by the commissioner;(3) the United States department of labor or its agents, as required by law, or in connection with the requirements imposed as a result of receiving federal administrative funding;(4) state and local economic development agencies, or their agents, where such information is necessary to carry out the statutory functions of such agencies, shall receive a quarterly census of employment and wage information compiled by the department, provided that such disclosure shall not violate federal law. Any redisclosure of information obtained by such agencies under this clause shall be limited to tabulation and publication of such information in an aggregated statistical form. No individual identifying information obtained pursuant to this clause shall be redisclosed in the course of the tabulation or publication. As used in this clause, the term "aggregated statistical form" shall mean, in the case of information regarding individuals, a data set that includes information about not fewer than ten individuals, and, in the case of employer information, a data set that includes information about no fewer than three employers, of which no one employer comprises more than eighty percent of the aggregated data set; ... (8) the office of vocational and educational services for individuals with disabilities of the education department for the evaluation of the effect on earnings of participants, or former participants, in employment and training programs for which the office of vocational and educational services for individuals with disabilities of the education department has reporting, monitoring or evaluating responsibilities. (9) the commission for the blind and visually handicapped for the evaluation of the effect on earnings of participants, or former participants, in employment and training programs for which the commission for the blind and visually handicapped has reporting, monitoring or evaluating responsibilities. h. Department contractors, subcontractors, or agents. The department may disclose unemployment insurance information to its contractors, subcontractors, or agents as the commissioner deems necessary to carry out the statutory functions of the department. Such disclosure shall be consistent with the authorized purposes described in subdivision four of this section and all applicable federal regulations, guidelines and policies.4. WAGE REPORTING INFORMATION obtained by the department from the state department of taxation and ..., and information obtained or derived from quarterly combined withholding, wage reporting and unemployment insurance returns required to be filed by ... shall be considered confidential and shall be used for the administration of the unemployment insurance program, employment services program, federal and state employment and training programs, employment statistics and labor market information programs, employer services program, worker protection programs, federal programs for which the department has administrative responsibility or for other purposes deemed appropriate by the commissioner under this chapter. Such information shall not be disclosed to persons or agencies other than those considered entitled to such information under the social security act or other federal law, or as provided in subdivision three of this section or when such disclosure is necessary for the proper administration of the department's unemployment insurance program, employment services program, employment and training programs, worker protection programs, federal programs for which the department has administrative responsibility or for other purposes deemed appropriate by the commissioner under this chapter. 
Date Reviewed:
6/20/2017

Question 4-To which parties may data be disclosed?

Detail Level:
Detailed Explanation
Citation:
3. N.Y.C. § 537
Relevant Subsections:
3.(a), (c),(2)-(4)(8)(9), (h)(4)
Relevant Language:
LABOR LAW, ARTICLE 18 - UNEMPLOYMENT INSURANCE LAW, TITLE 3 - ADMINISTRATION, § 537 - DISCLOSURES PROHIBITED...3. EXCEPTIONS. The commissioner may, however, disclose the information described in subdivisions one and four of this section under the following circumstances:(a) Federal law. The commissioner shall report fully and completely to the appropriate agency of the United States on the effect and administration of this article in the manner prescribed by such agency, and further he or she shall make information available, upon request, to any federal, state or local agency entitled to such information under the social security act or any other federal law in the manner prescribed by such federal law or its implementing regulations...(c) Nothing herein shall be construed to prohibit the delivery of unemployment benefit information contained in the department's records to the secretary of health and human services of the United States or the state agency responsible for collecting such information, ... (f) United States census bureau. Upon request to the commissioner, such information may be disclosed to the United States census bureau ... (2) any state or United States territorial workforce agency, local workforce investment board and its agents, and one-stop operating partner receiving funds under the workforce investment act of 1998 ... 3) the United States department of labor or its agents, as required by law, or in connection with the requirements imposed as a result of receiving federal administrative funding;(4) state and local economic development agencies, or their agents, where such information is necessary to carry out the statutory functions of such agencies, shall receive a quarterly census of employment and wage information compiled by the department, provided that such disclosure shall not violate federal law...; and (8) the office of vocational and educational services for individuals with disabilities of the education department for the evaluation of the effect on earnings of participants, or former participants, in employment and training programs for which the office of vocational and educational services for individuals with disabilities of the education department has reporting, monitoring or evaluating responsibilities. (9) the commission for the blind and visually handicapped for the evaluation of the effect on earnings of participants, or former participants, in employment and training programs for which the commission for the blind and visually handicapped has reporting, monitoring or evaluating responsibilities. h. Department contractors, subcontractors, or agents. The department may disclose unemployment insurance information to its contractors, subcontractors, or agents as the commissioner deems necessary to carry out the statutory functions of the department. Such disclosure shall be consistent with the authorized purposes described in subdivision four of this section and all applicable federal regulations, guidelines and policies. 4.WAGE REPORTING INFORMATION obtained by the department from the state department of taxation and finance ... shall not be disclosed to persons or agencies other than those considered entitled to such information under the social security act or other federal law, or as provided in subdivision three of this section or when such disclosure is necessary for the proper administration of the department's unemployment insurance program, employment services program, employment and training programs, worker protection programs, federal programs for which the department has administrative responsibility or for other purposes deemed appropriate by the commissioner under this chapter. Any reports concerning employment and training programs submitted to a state or federal agency shall also be submitted to the governor, the temporary president of the senate, the speaker of the assembly and the chairs of the labor committees in the senate and the assembly. 
Date Reviewed:
6/20/2017

Question 5-What specific data elements may be disclosed?

Detail Level:
Not Addressed
Date Reviewed:
6/20/2017

Question 6-What are the content requirements for data sharing agreements?

Detail Level:
Broad Mention
Citation:
3. N.Y.C. § 537
Relevant Subsections:
3.(g)(i)
Relevant Language:
LABOR LAW, ARTICLE 18 - UNEMPLOYMENT INSURANCE LAW, TITLE 3 - ADMINISTRATION, § 537 - DISCLOSURES PROHIBITED...(g) Federal, state and local agencies. (i) Upon request to the commissioner, such information may be disclosed to certain federal, state and local agencies. The commissioner may require written agreements with requesting agencies in a form determined by the commissioner and consistent with CFR 603 and other federal regulations.
Date Reviewed:
6/20/2017

Question 7-What safeguards are required for data disclosure?

Detail Level:
Broad Mention
Citation:
3. N.Y.C. § 537
Relevant Subsections:
3.(g)(i)
Relevant Language:
LABOR LAW, ARTICLE 18 - UNEMPLOYMENT INSURANCE LAW, TITLE 3 - ADMINISTRATION, § 537 - DISCLOSURES PROHIBITED...3. EXCEPTIONS. The commissioner may, however, disclose the information described in subdivisions one and four of this section under the following circumstances:  (g) Federal, state and local agencies. (i) Upon request to the commissioner, such information may be disclosed to certain federal, state and local agencies. ... The information that may be disclosed pursuant to this paragraph shall be disclosed only after the requesting agency has demonstrated, to the commissioner's satisfaction, that the information shall be kept confidential, except for those purposes for which it was provided to the requesting agency, and that the requesting agency has security safeguards in place to prevent the unauthorized disclosure of such information.
Date Reviewed:
6/20/2017

Question 8-What are the payment provisions for data disclosure?

Detail Level:
Not Addressed
Date Reviewed:
8/20/2016

Question 9-What are the penalties for violating disclosure rules?

Detail Level:
Broad Mention
Citation:
3. N.Y.C. § 537
Relevant Subsections:
2.
Relevant Language:
LABOR LAW, ARTICLE 18 - UNEMPLOYMENT INSURANCE LAW, TITLE 3 - ADMINISTRATION, § 537 - DISCLOSURES PROHIBITED...2. Violations of the confidentiality provisions of this section. Any person, who, without authority of the commissioner or as otherwise required by law, shall disclose information in violation of the confidentiality provisions of this section, upon conviction, shall be guilty of a misdemeanor.
Date Reviewed:
6/20/2017