Texas Unemployment Insurance Data
Question 1-How is confidential data defined?
Detail Level:
Detailed Explanation
Citation:
TX Labor Code 4.B.301
Relevant Subsections:
301.081(c); 301.085(2)(b); 301.086(b)
Relevant Language:
LABOR CODE, TITLE 4 - EMPLOYMENT SERVICES AND UNEMPLOYMENT, SUBTITLE B - TEXAS WORKFORCE COMMISSION; WORKFORCE DEVELOPMENT; EMPLOYMENT SERVICES, CHAPTER 301 - TEXAS WORKFORCE COMMISSION, SUBCHAPTER F - RECORDS, §301.081 - EMPLOYEE RECORDS OF EMPLOYING UNIT; OFFENSE;PENALTY....(c) Employment information obtained or otherwise secured under this section may not be published and is not open to public inspection, other than to a public employee in the performance of public duties, except as the commission considers necessary for the proper administration of this title or as provided by commission rule and consistent with federal law...§301.085 - UNEMPLOYMENT COMPENSATION AND JOB MATCHING SERVICES INFORMATION; OFFENSE; PENALTY.... (2) "Unemployment compensation information" means information in the records of the commission that pertains to the administration of Subtitle A, including any information collected,received, developed, or maintained in the administration of unemployment compensation benefits or the unemployment compensation tax system. (b) Consistent with federal law, the commission shall adopt and enforce reasonable rules governing the confidentiality, custody, use,preservation, and disclosure of unemployment compensation information. The rules must include safeguards to protect the confidentiality of identifying information regarding any individual or any past or present employer or employing unit contained in unemployment compensation information, including any information that foreseeably could be combined with other publicly available information to reveal identifying information regarding the individual, employer, or employing unit, as applicable...§301.086 - PROVISION OF CERTAIN INFORMATION TO COMPTROLLER. ... (b) Information provided to the comptroller under this section is confidential and may not be disclosed to the public.
Question 2-Who is authorized to disclose data?
Detail Level:
Broad Mention
Citation:
TX Labor Code 4.B.301
Relevant Subsections:
301.063
Relevant Language:
LABOR CODE, TITLE 4 - EMPLOYMENT SERVICES AND UNEMPLOYMENT, SUBTITLE B - TEXAS WORKFORCE COMMISSION; WORKFORCE DEVELOPMENT; EMPLOYMENT SERVICES, CHAPTER 301 - TEXAS WORKFORCE COMMISSION, SUBCHAPTER D - GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR, §301.063 - STATE AND FEDERAL COOPERATION. ... (d) On request, the commission shall furnish to an agency of the United States responsible for the administration of public works or assistance through public employment the name, address, ordinary occupation, and employment status of each recipient of benefits, including each nonrecipient parent as defined by Section 31.0021, Human Resources Code, who is receiving benefits, and shall inform the agency of the recipient's right to further benefits under Subtitle A.(e) In this section, "secretary" means the United States secretary of labor. ...§301.086 - PROVISION OF CERTAIN INFORMATION TO COMPTROLLER...(c) The commission shall provide the information in the format prescribed by rule of the comptroller.
Question 3-For what purposes may data be disclosed?
Detail Level:
Broad Mention
Citation:
TX Labor Code 4.B.301
Relevant Subsections:
301.081(c); 301.086(a)
Relevant Language:
LABOR CODE, TITLE 4 - EMPLOYMENT SERVICES AND UNEMPLOYMENT, SUBTITLE B - TEXAS WORKFORCE COMMISSION; WORKFORCE DEVELOPMENT;EMPLOYMENT SERVICES, CHAPTER 301 - TEXAS WORKFORCE COMMISSION, SUBCHAPTER F - RECORDS, §301.081 - EMPLOYEE RECORDS OF EMPLOYING UNIT; OFFENSE; PENALTY...(c) Employment information obtained or otherwise secured under this section may not be published and is not open to public inspection, other than to a public employee in the performance of public duties, except as the commission considers necessary for the proper administration of this title or as provided by commission rule and consistent with federal law...§301.086 - PROVISION OF CERTAIN INFORMATION TO COMPTROLLER. (a) Not later than June 1 of every fifth year, the commission shall provide to the comptroller, for the purpose of assisting the comptroller in the identification of persons entitled to unclaimed property reported to the comptroller, the name, address, social security number, and date of birth of each person about whom the commission has such information in its records.
Question 4-To which parties may data be disclosed?
Detail Level:
Broad Mention
Citation:
TX Labor Code 4.B.301
Relevant Subsections:
301.081(a); 301.082(a); 301.086(a)
Relevant Language:
LABOR CODE, TITLE 4 - EMPLOYMENT SERVICES AND UNEMPLOYMENT, SUBTITLE B - TEXAS WORKFORCE COMMISSION; WORKFORCE DEVELOPMENT;EMPLOYMENT SERVICES, CHAPTER 301 - TEXAS WORKFORCE COMMISSION, SUBCHAPTER F - RECORDS, §301.081. EMPLOYEE RECORDS OF EMPLOYING UNIT; OFFENSE; PENALTY... (c) Employment information obtained or otherwise secured under this section may not be published and is not open to public inspection, other than to a public employee in the performance of public duties, except as the commission considers necessary for the proper administration of this title or as provided by commission rule and consistent with federal law...Sec. 301.082. COPIES OF RECORDS. (a) The executive director may furnish a photostatic or certified copy of a record in the commission's possession to a person entitled to receive a copy of the record on application by the person...§301.086 - PROVISION OF CERTAIN INFORMATION TO COMPTROLLER. (a) Not later than June 1 of every fifth year, the commission shall provide to the comptroller, for the purpose of assisting the comptroller in the identification of persons entitled to unclaimed property reported to the comptroller, the name, address, social security number, and date of birth of each person about whom the commission has such information in its records.
Question 5-What specific data elements may be disclosed?
Detail Level:
Not Addressed
Question 6-What are the content requirements for data sharing agreements?
Detail Level:
Not Addressed
Question 7-What safeguards are required for data disclosure?
Detail Level:
Broad Mention
Citation:
TX Labor Code 4.B.301
Relevant Subsections:
301.085(2)(b)-(b-1)
Relevant Language:
LABOR CODE, TITLE 4 - EMPLOYMENT SERVICES AND UNEMPLOYMENT, SUBTITLE B - TEXAS WORKFORCE COMMISSION; WORKFORCE DEVELOPMENT; EMPLOYMENT SERVICES, CHAPTER 301 - TEXAS WORKFORCE COMMISSION, SUBCHAPTER F - RECORDS, §301.085 - UNEMPLOYMENT COMPENSATION AND JOB MATCHING SERVICES INFORMATION; OFFENSE; PENALTY... (b) ... The rules must include safeguards to protect the confidentiality of identifying information regarding any individual or any past or present employer or employing unit contained in unemployment compensation information, including any information that foreseeably could be combined with other publicly available information to reveal identifying information regarding the individual, employer, or employing unit, as applicable. (b-1) The commission shall adopt and enforce reasonable rules governing the confidentiality, custody, use, preservation, and disclosure of job matching services information. The rules must include safeguards to protect the confidentiality of identifying information regarding any individual or any past or present employer or employing unit contained in job matching services information, including any information that foreseeably could be combined with other publicly available information to reveal identifying information regarding the individual, employer, or employing unit, as applicable.
Question 8-What are the payment provisions for data disclosure?
Detail Level:
Broad Mention
Citation:
TX Labor Code 4.B.301
Relevant Subsections:
301.082.(a)-(b)
Relevant Language:
LABOR CODE, TITLE 4 - EMPLOYMENT SERVICES AND UNEMPLOYMENT, SUBTITLE B - TEXAS WORKFORCE COMMISSION; WORKFORCE DEVELOPMENT; EMPLOYMENT SERVICES, CHAPTER 301 - TEXAS WORKFORCE COMMISSION, SUBCHAPTER F -RECORDS, §301.082 - COPIES OF RECORDS. (a) The executive director may furnish a photostatic or certified copy of a record in the commission's possession to a person entitled to receive a copy of the record on application by the person. (b) The executive director shall charge a reasonable fee in an amount set by the commission for a copy of a record furnished under this section.
Question 9-What are the penalties for violating disclosure rules?
Detail Level:
Detailed Explanation
Citation:
TX Labor Code 4.B.301
Relevant Subsections:
301.085(2)(e); 301.081(d)
Relevant Language:
LABOR CODE, TITLE 4 - EMPLOYMENT SERVICES AND UNEMPLOYMENT, SUBTITLE B - TEXAS WORKFORCE COMMISSION; WORKFORCE DEVELOPMENT; EMPLOYMENT SERVICES, CHAPTER 301 - TEXAS WORKFORCE COMMISSION, SUBCHAPTER F - RECORDS, §301.085 - UNEMPLOYMENT COMPENSATION AND JOB MATCHING SERVICES INFORMATION; OFFENSE; PENALTY... (e) An offense under Subsection (d) is a Class A misdemeanor...§301.081 - EMPLOYEE RECORDS OF EMPLOYING UNIT; OFFENSE; PENALTY....(d) A person commits an offense if the person violates any provision of this section. An offense under this subsection is a Class A misdemeanor.
