Law and Regulation Details

Virginia Unemployment Insurance Data

Question 1-How is confidential data defined?

Detail Level:
Broad Mention
Citation:
Va Code Ann §40.1-6
Relevant Subsections:
(10)
Relevant Language:
TITLE 40.1 LABOR AND EMPLOYMENT, CHAPTER 1 - DEPARTMENT OF LABOR AND INDUSTRY, § 40.1-6. POWERS AND DUTIES OF COMMISSIONER. The Commissioner shall: ... (10) All information reported to or otherwise obtained by the Commissioner, the Board or the agents or employees of either which contains or might reveal a trade secret shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this title. ...
Date Reviewed:
6/20/2017

Question 2-Who is authorized to disclose data?

Detail Level:
Broad Mention
Citation:
VA Code Ann §40.1-08
Relevant Subsections:
A., B.
Relevant Language:
TITLE 40.1 - LABOR AND EMPLOYMENT, CHAPTER 1 - DEPARTMENT OF LABOR AND INDUSTRY, § 40.1-8. OTHER OFFICERS TO FURNISH INFORMATION; PROTECTED HEALTH INFORMATION UNDER CERTAIN CIRCUMSTANCES. (A) All State, county, town and city officers shall furnish the Commissioner, upon his request, such statistical or other information as may be in their possession as such officers that will assist the Department in the discharge of its duties. (B) ... The Commissioner and any designee shall only redisclose such protected health information in compliance with the regulations concerning patient privacy promulgated by the federal Department of Health and Human Services in compliance with the Health Insurance Portability and Accountability Act of 1996, as amended.
Date Reviewed:
6/20/2017
Detail Level:
Broad Mention
Citation:
Va Code Ann §60.2-114
Relevant Subsections:
A.
Relevant Language:
TITLE 60.2 - UNEMPLOYMENT COMPENSATION, CHAPTER 1 - GENERAL PROVISIONS AND ADMINISTRATION, ARTICLE 2 - ADMINISTRATION, § 60.2-114. RECORDS AND REPORTS. (A) Each employing unit shall keep true and accurate work records, containing such information as the Commission may prescribe. Such records shall be open to inspection and be subject to being copied by the Commission or its authorized representatives at any reasonable time and as often as may be necessary. The Commission may require from any employing unit any sworn or unsworn reports,with respect to persons employed by it, which the Commission deems necessary for the effective administration of this title. Information thus obtained shall not be published or be open to public inspection, other than to public employees in the performance of their public duties, in any manner revealing the employing unit's identity, except as the Commissioner or his delegates deem appropriate... Notwithstanding other provisions of this section, the Commissioner, or his delegate, may, in his discretion, reveal information when such communication is not inconsistent with the proper administration of this title...
Date Reviewed:
6/20/2017

Question 3-For what purposes may data be disclosed?

Detail Level:
Broad Mention
Citation:
§60.2-114
Relevant Subsections:
A-C
Relevant Language:
TITLE 60.2 - UNEMPLOYMENT COMPENSATION, CHAPTER 1 - GENERAL PROVISIONS AND ADMINISTRATION, ARTICLE 2 - ADMINISTRATION, § 60.2-114. RECORDS AND REPORTS. (A)... The Commission may require from any employing unit any sworn or unsworn reports,with respect to persons employed by it, which the Commission deems necessary for the effective administration of this title.Information thus obtained shall not be published or be open to public inspection, other than to public employees in the performance of their public duties, in any manner revealing the employing unit's identity, except as the Commissioner or his delegates deem appropriate, nor shall such information be used in any judicial or administrative proceeding other than one arising out of the provisions of this title; ... However, any claimant at a hearing before an appeal tribunal or the Commission shall be supplied with information from such records to the extent necessary for the proper presentation of his claim. Notwithstanding other provisions of this section, the Commissioner, or his delegate, may, in his discretion, reveal information when such communication is not inconsistent with the proper administration of this title. (B) Notwithstanding the provisions of subsection A, the Commission shall, on a reimbursable basis, furnish wage and unemployment compensation information contained in its records to the Secretary of Health and Human Services and the Division of Child Support Enforcement of the Department of Social Services for their use as necessary for the purposes of the National Directory of New Hires established under § 453 (i) of the Social Security Act. (C)Notwithstanding the provisions of subsection A, the Commission shall, upon written request, furnish any agency or political subdivision of the Commonwealth, or its designated agent, such information as it may require for the purpose of collecting fines, penalties, and costs owed to the Commonwealth or its political subdivisions.
Date Reviewed:
6/20/2017
Detail Level:
Broad Mention
Citation:
VA Code Ann §40.1-06; §40.1-08
Relevant Subsections:
(10); A.
Relevant Language:
TITLE 40.1 LABOR AND EMPLOYMENT, CHAPTER 1 - DEPARTMENT OF LABOR AND INDUSTRY, § 40.1-6. POWERS AND DUTIES OF COMMISSIONER...(10) All information reported to or otherwise obtained by the Commissioner, the Board or the agents or employees of either which contains or might reveal a trade secret shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this title. ...§40.1-8. OTHER OFFICERS TO FURNISH INFORMATION; PROTECTED HEALTH INFORMATION UNDER CERTAIN CIRCUMSTANCES. (A) All State, county, town and city officers shall furnish the Commissioner, upon his request, such statistical or other information as may be in their possession as such officers that will assist the Department in the discharge of its duties.
Date Reviewed:
6/20/2017

Question 4-To which parties may data be disclosed?

Detail Level:
Broad Mention
Citation:
§ 60.2-114; § 60.2-115; § 60.2-116
Relevant Subsections:
A., C.-D.; A., D.-E.; A.-B.
Relevant Language:
TITLE 60.2 - UNEMPLOYMENT COMPENSATION, CHAPTER 1 - GENERAL PROVISIONS AND ADMINISTRATION, ARTICLE 2 - ADMINISTRATION, § 60.2-114. RECORDS AND REPORTS. (A) Each employing unit shall keep true and accurate work records, containing such information as the Commission may prescribe. Such records shall be open to inspection and be subject to being copied by the Commission or its authorized representatives at any reasonable time and as often as may be necessary. ... Information thus obtained shall not be published or be open to public inspection, other than to public employees in the performance of their public duties, in any manner revealing the employing unit's identity, except as the Commissioner or his delegates deem appropriate...(C) Notwithstanding the provisions of subsection A, the Commission shall, upon written request, furnish any agency or political subdivision of the Commonwealth, or its designated agent, such information as it may require for the purpose of collecting fines, penalties, and costs owed to the Commonwealth or its political subdivisions. ... (D) Each employing unit shall report to the Virginia New Hire Reporting Center the employment of any newly hired employee in compliance with § 63.2-1946.§ 60.2-115. STATE-FEDERAL COOPERATION. (A) In the administration of this title, the Commission shall cooperate with the United States Department of Labor to the fullest extent consistent with the provisions of this title.The Commission shall make such reports, in such form and containing such information as the United States Department of Labor may require, and shall comply with such provisions as the United States Department of Labor may find necessary to assure the correctness and verification of such reports....(D) The Commission shall afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment insurance law. (E) Upon request therefor, the Commission shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits under this title. § 60.2-116.RECIPROCAL AGREEMENTS (A) Subject to the approval of the Governor, the Commission is hereby authorized to enter into arrangements with the appropriate agencies of other states or the federal government whereby individuals performing services in this and other states for a single employing unit under circumstances not specifically provided for in §§ 60.2-212 through 60.2-219,or under similar provisions in the unemployment compensation laws of such other states, shall be deemed to be engaged in employment performed entirely within this Commonwealth or within one of such other states...(B) Subject to the approval of the Governor, the Commission is also authorized to enter into arrangements with the appropriate agencies of other states or of the federal government: ...
Date Reviewed:
6/20/2017
Detail Level:
Broad Mention
Citation:
VA Code Ann §40.1-06; §40.1-08
Relevant Subsections:
(10); A
Relevant Language:
TITLE 40.1 LABOR AND EMPLOYMENT, CHAPTER 1 - DEPARTMENT OF LABOR AND INDUSTRY, § 40.1-6. POWERS AND DUTIES OF COMMISSIONER. The Commissioner shall:... (10) All information reported to or otherwise obtained by the Commissioner, the Board or the agents or employees of either which contains or might reveal a trade secret shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this title. ...§ 40.1-8. OTHER OFFICERS TO FURNISH INFORMATION; PROTECTED HEALTH INFORMATION UNDER CERTAIN CIRCUMSTANCES. (A) All State, county, town and city officers shall furnish the Commissioner, upon his request, such statistical or other information as may be in their possession as such officers that will assist the Department in the discharge of its duties. ...
Date Reviewed:
6/20/2017

Question 5-What specific data elements may be disclosed?

Detail Level:
Broad Mention
Citation:
§60.2-114
Relevant Subsections:
B, E
Relevant Language:
TITLE 60.2 - UNEMPLOYMENT COMPENSATION, CHAPTER 1 - GENERAL PROVISIONS AND ADMINISTRATION, ARTICLE 2 - ADMINISTRATION, § 60.2-114. RECORDS AND REPORTS...(B) Notwithstanding the provisions of subsection A, the Commission shall, on a reimbursable basis, furnish wage and unemployment compensation information contained in its records to the Secretary of Health and Human Services and the Division of Child Support Enforcement of the Department of Social Services for their use as necessary for the purposes of the National Directory of New Hires established under § 453 (i) of the Social Security Act...(E) Upon request therefor, the Commission shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits under this title.
Date Reviewed:
6/20/2017
Detail Level:
Broad Mention
Citation:
Code of Virginia §40.1-8
Relevant Subsections:
A.
Relevant Language:
TITLE 40.1 LABOR AND EMPLOYMENT, CHAPTER 1 - DEPARTMENT OF LABOR AND INDUSTRY, § 40.1-8. OTHER OFFICERS TO FURNISH INFORMATION; PROTECTED HEALTH INFORMATION UNDER CERTAIN CIRCUMSTANCES. (A) All State, county, town and city officers shall furnish the Commissioner, upon his request, such statistical or other information as maybe in their possession as such officers that will assist the Department in the discharge of its duties. ...
Date Reviewed:
6/20/2017

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

Detail Level:
Broad Mention
Citation:
§60.2-114.01
Relevant Subsections:
(B)(1)
Relevant Language:
TITLE 60.2 - UNEMPLOYMENT COMPENSATION, CHAPTER 1 - GENERAL PROVISIONS AND ADMINISTRATION, ARTICLE 2 - ADMINISTRATION, § 60.2-114.01. FURNISHING INFORMATION TO CONSUMER REPORTING AGENCIES. (B) The Commission shall: (1) Establish minimum audit, security, net worth, and liability insurance standards, technological requirements, and any other terms and conditions deemed necessary in the discretion of the Commission to safeguard the confidentiality of the information and to otherwise serve the public interest; ...
Date Reviewed:
6/20/2017

Question 7-What safeguards are required for data disclosure?

Detail Level:
Detailed Explanation
Citation:
§ 2.2-3800
Relevant Subsections:
C.
Relevant Language:
TITLE 2.2 - ADMINISTRATION OF GOVERNMENT, SUBTITLE II - ADMINISTRATION OF STATE GOVERNMENT, PART B - TRANSACTION OF PUBLIC BUSINESS, CHAPTER 38 - GOVERNMENT DATA COLLECTION AND DISSEMINATION PRACTICES ACT, § 2.2-3800. SHORT TITLE; FINDINGS; PRINCIPLES OF INFORMATION PRACTICE...(C) Recordkeeping agencies of the Commonwealth and political subdivisions shall adhere to the following principles of information practice to ensure safeguards for personal privacy: 1. There shall be no personal information system whose existence is secret. 2. Information shall not be collected unless the need for it has been clearly established in advance. 3. Information shall be appropriate and relevant to the purpose for which it has been collected. 4. Information shall not be obtained by fraudulent or unfair means. 5. Information shall not be used unless it is accurate and current. 6. There shall be a prescribed procedure for an individual to learn the purpose for which information has been recorded and particulars about its use and dissemination. 7. There shall be a clearly prescribed and uncomplicated procedure for an individual to correct,erase or amend inaccurate, obsolete or irrelevant information. 8. Any agency holding personal information shall assure its reliability and take precautions to prevent its misuse. 9. There shall be a clearly prescribed procedure to prevent personal information collected for one purpose from being used for another purpose. 10. The Commonwealth or any agency or political subdivision thereof shall not collect personal information except as explicitly or implicitly authorized by law.
Date Reviewed:
6/20/2017

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

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

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

Detail Level:
Broad Mention
Citation:
§ 60.2-114
Relevant Subsections:
E.
Relevant Language:
TITLE 60.2 - UNEMPLOYMENT COMPENSATION, CHAPTER 1 - GENERAL PROVISIONS AND ADMINISTRATION, ARTICLE 2 - ADMINISTRATION, § 60.2-114. RECORDS AND REPORTS...(E) Any member or employee of the Commission and any member, employee, or agent of any agency or political subdivision of the Commonwealth who violates any provision of this section shall be guilty of a Class 2 misdemeanor.
Date Reviewed:
6/20/2017
Detail Level:
Detailed Explanation
Citation:
VA Code Ann § 40.1-10
Relevant Language:
TITLE 40.1 LABOR AND EMPLOYMENT, CHAPTER 1 - DEPARTMENT OF LABOR AND INDUSTRY, §40.1-10. OFFENSES IN REGARD TO EXAMINATIONS, INSPECTIONS, ETC. If any person who maybe sworn to give testimony shall willfully fail or refuse to answer any legal and proper question propounded to him concerning the subject of such examination as indicated in § 40.1-6,or if any person to whom a written or printed list of such interrogatories has been furnished by the Commissioner shall neglect or refuse to answer fully and return the same under oath, or if any person in charge of any business establishment shall refuse admission to, or obstruct in any manner the inspection or investigation of such establishment or the proper performance of the authorized duties of the Commissioner or any of his representatives, he shall be guilty of a misdemeanor. Such person, upon conviction thereof, shall be fined not exceeding $100 nor less than $25 or imprisoned in jail not exceeding 90 days, or both.
Date Reviewed:
6/20/2017