Oregon Unemployment Insurance Data
Question 1-How is confidential data defined?
Detail Level:
Detailed Explanation
Relevant Subsections:
(1)(a)
Relevant Language:
TITLE 51 - LABOR AND EMPLOYMENT; UNLAWFUL DISCRIMINATION, CHAPTER 657 - UNEMPLOYMENT INSURANCE...§ 657.665 - CONFIDENTIALITY OF INFORMATION (1) Except as provided in subsections (2) to (4) of this section, all information in the records of the Employment Department pertaining to the administration of the unemployment insurance, employment service and labor market information programs: (a) Is confidential and for the exclusive use and information of the Director of the Employment Department in administering the unemployment insurance, employment service and labor market information programs in Oregon...
Detail Level:
Not Addressed
Question 2-Who is authorized to disclose data?
Detail Level:
Broad Mention
Relevant Subsections:
(2), (3)
Relevant Language:
TITLE 51 - LABOR AND EMPLOYMENT; UNLAWFUL DISCRIMINATION, CHAPTER 657 - UNEMPLOYMENT INSURANCE...§ 657.665 - CONFIDENTIALITY OF INFORMATION...(2) The Employment Department shall disclose information:...(3) The Employment Department may disclose information secured from employing units:...
Detail Level:
Broad Mention
Citation:
OAR 471-010-0120
Relevant Subsections:
(1), (2)
Relevant Language:
WORKFORCE AND ECONOMIC RESEARCH DISCLOSURES (1) Department staff may share confidential information with public agencies for purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis, if a written disclosure agreement is in place and if the requesting entity agrees to pay the costs of providing such information. (2) Department staff may share confidential information with consultants and contractors working on specific projects for public agencies if those projects are for the purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis; if a written disclosure agreement is in place between the Employment Department, the public agency, and the consultant or contracting firm; and if the requesting entity agrees to pay the costs of providing such information...
Question 3-For what purposes may data be disclosed?
Detail Level:
Detailed Explanation
Relevant Subsections:
(3)(a)-(b), (4)(a), (d), (h)
Relevant Language:
TITLE 51 - LABOR AND EMPLOYMENT; UNLAWFUL DISCRIMINATION, CHAPTER 657 - UNEMPLOYMENT INSURANCE...§ 657.665 CONFIDENTIALITY OF INFORMATION...(3) The Employment Department may disclose information secured from employing units: (a) To agencies of this state, federal agencies and local government agencies to the extent necessary to properly carry out governmental planning, performance measurement, program analysis, socioeconomic analysis and policy analysis functions performed under applicable law...(b) As part of a geographic information system...(4) The Employment Department may: (a) Disclose information to public employees in the performance of their duties under state or federal laws relating to the payment of unemployment insurance benefits, the provision of employment services and the provision of labor market information...(d) Disclose information to partners under the federal Workforce Investment Act of 1998 for the purpose of administering state workforce programs under the Act...(h) Disclose to the Oregon Business Development Commission information required by the commission in performing its duty under ORS 285A.050 (Biennial report)to verify changes in employment levels following direct employer participation in Oregon Business Development Department programs or indirect participation through municipalities under ORS 285B.410 (Definitions for ORS 285B.410 to 285B.482) to 285B.482 (Revenue bonds as parity bonds)...
Detail Level:
Detailed Explanation
Citation:
OAR 471-010-0120
Relevant Subsections:
(1), (2)
Relevant Language:
WORKFORCE AND ECONOMIC RESEARCH DISCLOSURES(1) Department staff may share confidential information with public agencies for purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis, if a written disclosure agreement is in place and if the requesting entity agrees to pay the costs of providing such information.(2) Department staff may share confidential information with consultants and contractors working on specific projects for public agencies if those projects are for the purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis; if a written disclosure agreement is in place between the Employment Department, the public agency, and the consultant or contracting firm; and if the requesting entity agrees to pay the costs of providing such information...
Question 4-To which parties may data be disclosed?
Detail Level:
Detailed Explanation
Relevant Subsections:
(3)(a), (4)(a)-(b)(d), (f), (h), (q), (r)
Relevant Language:
TITLE 51 - LABOR AND EMPLOYMENT; UNLAWFUL DISCRIMINATION, CHAPTER 657 - UNEMPLOYMENT INSURANCE...§ 657.665 - CONFIDENTIALITY OF INFORMATION...(3) The Employment Department may disclose information secured from employing units: (a) To agencies of this state, federal agencies and local government agencies to the extent necessary to properly carry out governmental planning, performance measurement, program analysis, socioeconomic analysis and policy analysis functions performed under applicable law...(4) The Employment Department may: (a) Disclose information to public employees in the performance of their duties under state or federal laws relating to the payment of unemployment insurance benefits, the provision of employment services and the provision of labor market information. (b) At the discretion of the Director of the Employment Department and subject to an interagency agreement, disclose information to public officials in the performance of their official duties administering or enforcing laws within their authority and to the agents or contractors of public officials...(d) Disclose information to partners under the federal Workforce Investment Act of 1998 for the purpose of administering state workforce programs under the Act...(e) Disclose the names and addresses of employing units to the Bureau of Labor and Industries for the purpose of disseminating information to employing units...(f) Disclose information to the Commissioner of the Bureau of Labor and Industries for the purpose of performing duties under ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage), 658.005 (Definitions for ORS 658.005 to 658.245) to 658.245 (Actions upon agency bonds or letters of credit) or 658.405 (Definitions for ORS 658.405 to 658.503) to 658.503 (Service of process when contractor unavailable) or ORS chapter 652, 653 or 659A...(h) Disclose to the Oregon Business Development Commission information required by the commission in performing its duty under ORS 285A.050 (Biennial report) to verify changes in employment levels following direct employer participation in Oregon Business Development Department programs or indirect participation through municipalities under ORS 285B.410 (Definitions for ORS 285B.410 to 285B.482) to 285B.482 (Revenue bonds as parity bonds)...(q) Disclose to any person establishment level information secured pursuant to this chapter from federal, state and local government employing units...(r) Disclose to any person the industrial classification code assigned to an employing unit...
Detail Level:
Detailed Explanation
Citation:
OAR 471-010-0120
Relevant Subsections:
(1), (2)
Relevant Language:
WORKFORCE AND ECONOMIC RESEARCH DISCLOSURES (1) Department staff may share confidential information with public agencies for purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis, if a written disclosure agreement is in place and if the requesting entity agrees to pay the costs of providing such information. (2) Department staff may share confidential information with consultants and contractors working on specific projects for public agencies if those projects are for the purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis; if a written disclosure agreement is in place between the Employment Department, the public agency, and the consultant or contracting firm; and if the requesting entity agrees to pay the costs of providing such information.
Question 5-What specific data elements may be disclosed?
Detail Level:
Detailed Explanation
Relevant Subsections:
(3)(a), (4)(h)-(i), (m)
Relevant Language:
TITLE 51 - LABOR AND EMPLOYMENT; UNLAWFUL DISCRIMINATION, CHAPTER 657 - UNEMPLOYMENT INSURANCE...§ 657.665 - CONFIDENTIALITY OF INFORMATION...(3) The employment department may disclose information secured from employing units: (a) To agencies of this state, federal agencies and local government agencies to the extent necessary to properly carry out governmental planning, performance measurement, program analysis, socioeconomic analysis and policy analysis functions performed under applicable law. The information disclosed is confidential and may not be disclosed by the agencies in any manner that would identify individuals, claimants, employees or employing units...(4) The employment department may:...(h) Disclose to the Oregon Business Development Commission information required by the commission in performing its duty under ORS 285A.050 (Biennial report) to verify changes in employment levels following direct employer participation in Oregon Business Development Department programs or indirect participation through municipalities under ORS 285B.410 (Definitions for ORS 285B.410 to 285B.482) to 285B.482 (Revenue bonds as parity bonds). The information disclosed to the commission may include an employers employment level, total subject wages payroll and whole hours worked. The information disclosed is confidential and may not be used for any other purpose. The commission may not disclose the information in any manner that would identify an employing unit or employee except to the extent necessary to carry out the commissions duty under ORS 285A.050 (Biennial report)... (i) Disclose information to the Department of Revenue for the purpose of performing its duties under ORS 293.250 (Collections Unit) or under the revenue and tax laws of this state. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Revenue in any manner that would identify an employing unit or employee except to the extent necessary to carry out the departments duties under ORS 293.250 (Collections Unit) or in auditing or reviewing any report or return required or permitted to be filed under the revenue and tax laws administered by the department. The Department of Revenue may not disclose any information received to any private collection agency or for any other purpose...(m) Disclose information to the Higher Education Coordinating Commission for the purpose of performing the commissions duties under ORS chapter 348 and Title IV of the Higher Education Act of 1965. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the commission in any manner that would identify an employing unit or employee except to the extent necessary to carry out the commissions duties under ORS chapter 348 or Title IV of the Higher Education Act of 1965...
Detail Level:
Detailed Explanation
Citation:
OAR 471-010-0120
Relevant Subsections:
(4)(a), (4)(b)(A)-(C), (4)(c)(A)-(B), (6)(a)-(b)
Relevant Language:
WORKFORCE AND ECONOMIC RESEARCH DISCLOSURES...(4) MAPS SHOWING THE LOCATION and characteristics of business establishments shall be limited by the following: (a) The name, address, specific location, and specific employment or payroll information about the business will not be displayed. (b) The employment level of the business will be computed and reflected as follows: (A) An annual average employment level for each establishment shall be the sum of each individual month's employment divided by 12. (B) This annual average employment level will be rounded to the nearest integer. (C) These rounded annual average employment levels will be reflected on a map using no greater detail than the following size class breakouts: 0, 1-4, 5-9, 10-19, 20-49, 50-99, 100-249, 250-499, and 500 or greater. Aggregations of these size classes are permitted. (c) Businesses in the following industries will not be presented on maps: (A) All businesses in NAICS 624221 -- Temporary Shelters (B) All businesses in NAICS 814110 -- Private Households (6)(a) DEPARTMENT STAFF MAY DISCLOSE the North American Industry Classification System (NAICS) code of any business and, by extension, may provide the NAICS definition of the industry of any business. Additionally, Department staff may provide lists of businesses in particular NAICS codes. However, these disclosures may only include the name and NAICS code or definition of the business; they may not include additional information such as address, contact information, or employment-related data. (b) The NAICS codes of businesses in following industries will not be shared, nor will lists of these businesses be shared:(A) All businesses in NAICS 624221 -- Temporary Shelters. (B) All businesses in NAICS 814110 -- Private Households.
Question 6-What are the content requirements for data sharing agreements?
Detail Level:
Broad Mention
Relevant Subsections:
(4)(b), (6)
Relevant Language:
TITLE 51 - LABOR AND EMPLOYMENT; UNLAWFUL DISCRIMINATION, CHAPTER 657 - UNEMPLOYMENT INSURANCE...§ 657.665 - CONFIDENTIALITY OF INFORMATION...(4) THE EMPLOYMENT DEPARTMENT may: (b) At the discretion of the Director of the Employment Department and subject to an interagency agreement, disclose information to public officials in the performance of their official duties administering or enforcing laws within their authority and to the agents or contractors of public officials. (6) Any person or any officer or employee of an entity to whom information is disclosed by the Employment Department under this section who divulges or uses the information for any purpose other than that specified in the provision of law or agreement authorizing the use or disclosure may be disqualified from performing any service under contract or disqualified from holding any appointment or employment with the state agency that engaged or employed that person, officer or employee.
Detail Level:
Broad Mention
Citation:
OAR 471-010-0120
Relevant Subsections:
(1), (2)
Relevant Language:
WORKFORCE AND ECONOMIC RESEARCH DISCLOSURES (1) Department staff may share confidential information with public agencies for purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis, if a written disclosure agreement is in place and if the requesting entity agrees to pay the costs of providing such information. (2) Department staff may share confidential information with consultants and contractors working on specific projects for public agencies if those projects are for the purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis; if a written disclosure agreement is in place between the Employment Department, the public agency, and the consultant or contracting firm; and if the requesting entity agrees to pay the costs of providing such information.
Question 7-What safeguards are required for data disclosure?
Detail Level:
Not Addressed
Detail Level:
Not Addressed
Question 8-What are the payment provisions for data disclosure?
Detail Level:
Broad Mention
Relevant Subsections:
(3)(a)-(b), (4)(d), (h), (m), (q)-(r)
Relevant Language:
TITLE 51 - LABOR AND EMPLOYMENT; UNLAWFUL DISCRIMINATION, CHAPTER 657 - UNEMPLOYMENT INSURANCE...§ 657.665 - CONFIDENTIALITY OF INFORMATION...(3) The employment department may disclose information secured from employing units: (a) To agencies of this state, federal agencies and local government agencies to the extent necessary to properly carry out governmental planning, performance measurement, program analysis, socioeconomic analysis and policy analysis functions performed under applicable law... If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the agency requesting the information.(b) As part of a geographic information system...If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the party requesting the information....(4) The employment department may:...(d) Disclose information to partners under the federal Workforce Investment Act of 1998 for the purpose of administering state workforce programs under the Act. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the requesting partner...(h) Disclose to the Oregon Business Development Commission information required by the commission in performing its duty under ORS 285A.050 (Biennial report) to verify changes in employment levels following direct employer participation in Oregon Business Development Department programs or indirect participation through municipalities under ORS 285B.410 (Definitions for ORS 285B.410 to 285B.482) to 285B.482 (Revenue bonds as parity bonds)... If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the commission...(m) Disclose information to the Higher Education Coordinating Commission for the purpose of performing the commissions duties under ORS chapter 348 and Title IV of the Higher Education Act of 1965... If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the commission...(q) Disclose to any person establishment level information secured pursuant to this chapter from federal, state and local government employing units. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the party requesting the information. (r) Disclose to any person the industrial classification code assigned to an employing unit. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the party requesting the information.
Detail Level:
Broad Mention
Citation:
OAR 471-010-0120
Relevant Subsections:
(1), (2)
Relevant Language:
WORKFORCE AND ECONOMIC RESEARCH DISCLOSURES(1) DEPARTMENT STAFF MAY SHARE confidential information with public agencies for purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis, if a written disclosure agreement is in place and if the requesting entity agrees to pay the costs of providing such information. (2) DEPARTMENT STAFF MAY SHARE confidential information with consultants and contractors working on specific projects for public agencies if those projects are for the purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis; if a written disclosure agreement is in place between the Employment Department, the public agency, and the consultant or contracting firm; and if the requesting entity agrees to pay the costs of providing such information.
Question 9-What are the penalties for violating disclosure rules?
Detail Level:
Broad Mention
Relevant Subsections:
(6), (7)
Relevant Language:
TITLE 51 - LABOR AND EMPLOYMENT; UNLAWFUL DISCRIMINATION, CHAPTER 657 - UNEMPLOYMENT INSURANCE...§ 657.665 - CONFIDENTIALITY OF INFORMATION...(6) Any officer appointed by or any employee of the Director of the Employment Department who discloses confidential information, except with the authority of the director, pursuant to rules or as otherwise required by law, may be disqualified from holding any appointment or employment with the Employment Department. (6) Any person or any officer or employee of an entity to whom information is disclosed by the Employment Department under this section who divulges or uses the information for any purpose other than that specified in the provision of law or agreement authorizing the use or disclosure may be disqualified from performing any service under contract or disqualified from holding any appointment or employment with the state agency that engaged or employed that person, officer or employee. The Employment Department may immediately cancel or modify any information sharing agreement with an entity when a person or an officer or employee of that entity discloses confidential information, other than as specified in law or agreement.
Detail Level:
Not Addressed
