Law and Regulation Details

Pennsylvania Unemployment Insurance Data

Question 1-How is confidential data defined?

Detail Level:
Detailed Explanation
Citation:
34 Pa. Code § 61.25
Relevant Subsections:
(a)(2)(i)
Relevant Language:
TITLE 34 - LABOR AND INDUSTRY, PART II - BUREAU OF EMPLOYMENT SECURITY, SUBPART A - UNEMPLOYMENT COMPENSATION, CHAPTER 61 - ADMINISTRATION, DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION, § 61.25 - CONFIDENTIALITY OF INFORMATION AND FEES. (a) Confidentiality (1) DEFINITION. For purposes of this subsection, "unemployment compensation information" means both of the following: (i) Information in the possession of the Department or the Board pertaining to the administration of the law which reveals the name or any other identifying particular about an employer, employee or claimant or which could foreeably be combined with publicly available information to reveal any identifying particular.  (ii) Information obtained directly or indirectly from the Department or the Board that is included in subparagraph (i) while in the possession of the Department or the Board.
(2) Rule of confidentiality. (i) Unemployment compensation information is confidential and may be disclosed only as permitted in this subsection. 


Date Reviewed:
6/20/2017

Question 2-Who is authorized to disclose data?

Detail Level:
Broad Mention
Citation:
34 Pa. Code § 61.25
Relevant Subsections:
(a)(3)
Relevant Language:
TITLE 34 - LABOR AND INDUSTRY, PART II - BUREAU OF EMPLOYMENT SECURITY, SUBPART A - UNEMPLOYMENT COMPENSATION, CHAPTER 61 - ADMINISTRATION, DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION, § 61.25 - CONFIDENTIALITY OF INFORMATION AND FEES. (a) CONFIDENTIALITY...(3) Permissible disclosure. The Department or the Board may disclose or authorize disclosure of unemployment compensation information only as follows...
Date Reviewed:
6/20/2017

Question 3-For what purposes may data be disclosed?

Detail Level:
Detailed Explanation
Citation:
34 Pa. Code § 61.25
Relevant Subsections:
(a)(3)(i)-(vi)
Relevant Language:
TITLE 34 - LABOR AND INDUSTRY, PART II - BUREAU OF EMPLOYMENT SECURITY, SUBPART A - UNEMPLOYMENT COMPENSATION, CHAPTER 61 - ADMINISTRATION, DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION, § 61.25 - CONFIDENTIALITY OF INFORMATION AND FEES. (a) CONFIDENTIALITY...(3) Permissible disclosure. The Department or the Board may disclose or authorize disclosure of unemployment compensation information only as follows: (i) To officers and employees of the Department and members and employees of the Board in the administration of the law. (ii) To a claimant, the last employer of the claimant, a base year employer of a claimant or a representative of any of the foregoing in accordance with paragraph (7), to the extent necessary for the proper determination of the claimant’s application for benefits and claims for compensation. (iii) To an employer or a representative of an employer in accordance with paragraph (7), to the extent necessary for the proper determination of the employer’s liability for reports and payments under the law and the proper administration of the employer’s account. (iv) To public employees in the performance of their public duties. (v) As determined by the Department or the Board to be necessary for the proper administration of the unemployment compensation program. (vi) As permitted by provisions of the law or as required or permitted by Federal law...
Date Reviewed:
6/20/2017

Question 4-To which parties may data be disclosed?

Detail Level:
Broad Mention
Citation:
34 Pa. Code § 61.25
Relevant Subsections:
(a)(3)(i)-(v)
Relevant Language:
TITLE 34 - LABOR AND INDUSTRY, PART II - BUREAU OF EMPLOYMENT SECURITY, SUBPART A - UNEMPLOYMENT COMPENSATION, CHAPTER 61 - ADMINISTRATION, DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION, § 61.25 - CONFIDENTIALITY OF INFORMATION AND FEES. (a) CONFIDENTIALITY...(3) Permissible disclosure. The Department or the Board may disclose or authorize disclosure of unemployment compensation information only as follows: (i) To officers and employees of the Department and members and employees of the Board in the administration of the law. (ii) To a claimant, the last employer of the claimant, a base year employer of a claimant or a representative of any of the foregoing in accordance with paragraph (7), to the extent necessary for the proper determination of the claimant’s application for benefits and claims for compensation. (iii) To an employer or a representative of an employer in accordance with paragraph (7), to the extent necessary for the proper determination of the employer’s liability for reports and payments under the law and the proper administration of the employer’s account. (iv) To public employees in the performance of their public duties. (v) As determined by the Department or the Board to be necessary for the proper administration of the unemployment compensation program.
Date Reviewed:
6/20/2017

Question 5-What specific data elements may be disclosed?

Detail Level:
Broad Mention
Citation:
34 Pa. Code § 61.25
Relevant Subsections:
(a)(1)(i)-(ii)
Relevant Language:
TITLE 34 - LABOR AND INDUSTRY, PART II - BUREAU OF EMPLOYMENT SECURITY, SUBPART A - UNEMPLOYMENT COMPENSATION, CHAPTER 61 - ADMINISTRATION, DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION, § 61.25 - CONFIDENTIALITY OF INFORMATION AND FEES. (a) CONFIDENTIALITY. (1) Definition. For purposes of this subsection, ‘‘unemployment compensation information’’ means both of the following: (i) Information in the possession of the Department or the Board pertaining to the administration of the law which reveals the name or any other identifying particular about an employer, employee or claimant or which could foreseeably be combined with publicly available information to reveal any identifying particular. (ii) Information obtained directly or indirectly from the Department or the Board that is included in subparagraph (i) while in the possession of the Department or the Board.
Date Reviewed:
6/20/2017

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

Detail Level:
Not Addressed
Date Reviewed:
8/26/2016

Question 7-What safeguards are required for data disclosure?

Detail Level:
Broad Mention
Citation:
34 Pa. Code § 61.25
Relevant Subsections:
(a)(6)
Relevant Language:
TITLE 34 - LABOR AND INDUSTRY, PART II - BUREAU OF EMPLOYMENT SECURITY, SUBPART A - UNEMPLOYMENT COMPENSATION, CHAPTER 61 - ADMINISTRATION, DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION, § 61.25 - CONFIDENTIALITY OF INFORMATION AND FEES. (a) CONFIDENTIALITY...(6) Safeguards. A person to whom unemployment compensation information is disclosed under paragraph (3) shall implement and maintain all safeguards required by the Department to protect the confidentiality of the information and comply with other terms and conditions specified by the Department in connection with disclosure of the information.
Date Reviewed:
6/20/2017

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

Detail Level:
Broad Mention
Citation:
34 Pa. Code § 61.25
Relevant Subsections:
(b)
Relevant Language:
TITLE 34 - LABOR AND INDUSTRY, PART II - BUREAU OF EMPLOYMENT SECURITY, SUBPART A - UNEMPLOYMENT COMPENSATION, CHAPTER 61 - ADMINISTRATION, DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION, § 61.25 - CONFIDENTIALITY OF INFORMATION AND FEES...(b) FEES. Except as provided in section 702 of the law (43 P. S. § 862), the Department or the Board may charge a fee to a person seeking documents or information from the Department or the Board. The fee will be an amount sufficient to compensate the Department or the Board for the costs to process the request and, if the requested documents or information are available, the cost to provide the documents and information. The amount of the fee will be calculated by the Department within its discretion.
Date Reviewed:
6/20/2017

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

Detail Level:
Not Addressed
Date Reviewed:
8/26/2016