Texas Amends UI Regulations (Disclosure of Confidential Information)

Regulations amended. The Regulations pertaining to the Texas Unemployment Compensation Act have been amended to adopt new regulations regarding the confidentiality and disclosure of unemployment compensation information. The newly adopted regulations are, in part, as follows:

Definitions. (1) Confidential unemployment compensation information --Unemployment compensation information in Agency records, including identifying information regarding any individual or past or present employer or employing unit, or any information that foreseeably could be combined with other publicly available information to reveal identifying information regarding the individual, employer or employing unit.

(2) Informed consent release --A written grant of authorization made by an individual or employer to a third party to allow access to confidential unemployment compensation information. When a written release is impossible or impracticable to obtain, the third party may present such other form of consent as is permitted by the Agency.

(3) Party --The employer or claimant to whom the confidential unemployment compensation information relates. A party includes a base period employer that has appealed a notice of chargeback regarding a specific claim. A party does not include any past or present employer or claimant who is not the subject of the particular claim, except an employer that has appealed a notice of chargeback relating to an employee in the chargeback period.

(4) Public official --An official, agency or public entity within the executive branch of federal, state or local government with responsibility for administering or enforcing a law; or an elected official in the federal, state or local government.

(5) Unemployment compensation information --Information in the Agency's records that pertains to the administration of the Texas Unemployment Compensation Act, including any information collected, received, developed or maintained in the administration of unemployment compensation benefits, the unemployment compensation tax system or the unemployment compensation benefit and tax appeal system.

Disclosure of confidential information. The Agency will not disclose confidential unemployment compensation information except in compliance with federal law, state law, and these regulations. Confidential information also will not be disclosed if such disclosure interferes with the efficient administration of the state unemployment compensation law. In evaluating interference with efficient administration, the Agency may consider factors including, but not limited to, the burdensomeness of the request and whether the request places an employer's or individual's privacy at unacceptable risk.

Mandatory and permissive disclosures. The Agency will disclose confidential unemployment compensation information if disclosure is necessary for the proper administration of the unemployment compensation program. Disclosure necessary for the proper administration of the program includes, but is not limited to, disclosure required under 20 C.F.R. §603.6 and disclosure to claimants, employers and third parties, as necessary, for purposes of administration and adjudication processes.

Exceptions. The Agency may disclose public domain information as well as confidential information about an individual or employer to that individual or employer, respectively, but in no event is the Agency restricted from withholding information historically excepted from disclosure, including, but not limited to, confidential informant or attorney-client privileged information or tax audit techniques. Note that the Agency may disclose information if the requestor provides a written release signed by the individual or the employer whose records are requested, and if the written release demonstrates informed consent.

Other circumstances in which the Agency may disclose information based on informed consent are for use in the performance of official duties; claims adjudication; statistical information and otherwise, including associated costs.

Informed consent release. The Agency may disclose confidential unemployment compensation information upon submission of an informed consent release. Such a release is a written document that must be signed by the individual or employer and specifies the following: (1) The information to be disclosed; (2) That the information will be obtained through access of state government files; (3) The purpose or purposes for which the information is sought; (4) That the information obtained under the release will be used only for that purpose; (5) The individuals or entities that may receive the information; and (6) A purpose limited to assisting the individual with obtaining a service or benefit, or meeting a federal or state law requirement for the administration or evaluation of a public program to which the release pertains.

Subpoenas and court orders. The Agency may disclose confidential unemployment compensation information in compliance with a court order specifically requiring such disclosure; or a subpoena issued by a local, state or federal official, other than a court clerk, provided the official possesses legal authority to obtain such information by subpoena under state or federal law.

Charges. The Agency may charge actual charges and may set standardized charges for items routinely requested. It may only release unemployment compensation information for nonunemployment compensation purposes to the following individuals if the unemployment compensation program is reimbursed and there is a written, enforceable confidentiality agreement: Third-party requestors; public officials; and contractors of a public official, provided the public official remains liable for the actions of the contractor.

Reprinted with permission. © CCH

(Submitted 9/8/08) 

Texas Amends UI Regulations (Disclosure of Confidential Information) Regulations amended. The Regulations pertaining to the Texas Unemployment Compensation Act have been amended to adopt new regulations regarding the confidentiality and disclosure of unemployment compensation information. The newly adopted regulations are,