Colorado Unemployment Insurance Data
Question 1-How is confidential data defined?
Detail Level:
Broad Mention
Citation:
C.R.S. §8-72-107
Relevant Language:
TITLE 8 - LABOR AND INDUSTRY, LABOR III - EMPLOYMENT SECURITY, ARTICLE 72 - ADMINISTRATION OF DIVISION, §8-72-107. RECORDS AND REPORTS – FEE – VIOLATION – PENALTY. (1) Each employing unit shall keep true and accurate work records, containing such information as the division may prescribe. Such records shall be retained for a period of not less than five years and shall be open to inspection and be subject to being copied by the division or its authorized representatives at any reasonable time and as often as may be necessary ... Information thus obtained ... shall be held confidential and shall not be published or be open to public inspection (other than to public employees in the performance of their public duties ... or to an agent of the division designated as such in writing for the purpose of accomplishing certain of the division's functions) in any manner revealing the individual's or employing unit's identity.
Question 2-Who is authorized to disclose data?
Detail Level:
Detailed Explanation
Citation:
C.R.S. §§ 8-71-101; 8-71-102
Relevant Subsections:
(1); (1)
Relevant Language:
TITLE 8 - LABOR AND INDUSTRY, LABOR III - EMPLOYMENT SECURITY, ARTICLE 72 - ADMINISTRATION OF DIVISION, §8-71-101 - DIVISION OF UNEMPLOYMENT INSURANCE CREATED - DIRECTOR. There is hereby created a division of unemployment insurance within the department of labor and employment, the head of which is the director of the division...§8-71-102 - POWERS, DUTIES, AND FUNCTIONS - ACCEPTANCE OF MONIES. (1) The functions of the division comprise all administrative functions of the state in relation to the administration of articles 70 to 82 of this title. The director of the division shall exercise the powers, duties, and functions prescribed under articles 70 to 82 of this title under the direction and supervision of the executive director of the department of labor and employment, as prescribed by section 24-1-105 (4), C.R.S. Any vacancy in the office of director of the division shall be filled in the manner provided by law.
Question 3-For what purposes may data be disclosed?
Detail Level:
Broad Mention
Citation:
C.R.S. § 8-72-107
Relevant Language:
TITLE 8 - LABOR AND INDUSTRY, LABOR III - EMPLOYMENT SECURITY, ARTICLE 72 - ADMINISTRATION OF DIVISION, §8-72-107. RECORDS AND REPORTS – FEE – VIOLATION – PENALTY. (1) Each employing unit shall keep true and accurate work records, containing such information as the division may prescribe. Such records shall be retained for a period of not less than five years and shall be open to inspection and be subject to being copied by the division or its authorized representatives at any reasonable time and as often as may be necessary ... Information thus obtained ... shall be held confidential and shall not be published or be open to public inspection (other than to public employees in the performance of their public duties ... or to an agent of the division designated as such in writing for the purpose of accomplishing certain of the division's functions) in any manner revealing the individual's or employing unit's identity.
Question 4-To which parties may data be disclosed?
Detail Level:
Broad Mention
Citation:
C.R.S. § 8-72-109
Relevant Language:
TITLE 8 - LABOR AND INDUSTRY, LABOR III - EMPLOYMENT SECURITY, ARTICLE 72 - ADMINISTRATION OF DIVISION, §8-72-109 - STATE-FEDERAL COOPERATION ... (2) The division shall comply with the regulations of the secretary of labor or his successor relating to the receipt or expenditure by this state of money granted under any of said acts and shall make such reports ... The division shall afford reasonable cooperation with
every agency of the United States charged with the administration of any employment security law ... (4) Upon request therefor the division 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 right to further benefits under articles 70 to 82 of this title.
Question 5-What specific data elements may be disclosed?
Detail Level:
Detailed Explanation
Citation:
C.R.S. §§ 8-72-107;8-72-109
Relevant Subsections:
(1); (4)
Relevant Language:
TITLE 8 - LABOR AND INDUSTRY, LABOR III - EMPLOYMENT SECURITY, ARTICLE 72 - ADMINISTRATION OF DIVISION, §8-72-109 - STATE-FEDERAL COOPERATION ... (4) Upon request therefor the division 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 right to further benefits under articles 70 to 82 of this title.
Question 6-What are the content requirements for data sharing agreements?
Detail Level:
Broad Mention
Citation:
C.R.S. § 8-72-110
Relevant Language:
TITLE 8 - LABOR AND INDUSTRY, LABOR III - EMPLOYMENT SECURITY, ARTICLE 72 - ADMINISTRATION OF DIVISION, §8-72-110. RECIPROCAL INTERSTATE AGREEMENTS. (1) ... No such arrangement shall be entered into unless it contains provisions for reimbursement to the fund for such benefits as are paid on the basis of wages and service ... from the fund for such benefits paid by another state or by the federal government on the basis of wages and service, subject to articles 70 to 82 of this title.
Question 7-What safeguards are required for data disclosure?
Detail Level:
Not Addressed
Question 8-What are the payment provisions for data disclosure?
Detail Level:
Broad Mention
Citation:
C.R.S. § 8-72-107
Relevant Language:
TITLE 8 - LABOR AND INDUSTRY, LABOR III - EMPLOYMENT SECURITY, ARTICLE 72 - ADMINISTRATION OF DIVISION, §8-72-107. RECORDS AND REPORTS – FEE – VIOLATION – PENALTY. (1) ... Any interested party or such party's authorized representative...shall be entitled to examine and, upon the payment of a reasonable fee to the division, obtain a copy of any materials contained in such records to the extent necessary for proper presentation of the party's position at the hearing. Notwithstanding said provisions of this subsection (1), any applicant for work shall be entitled to examine and copy, or obtain a copy from the division upon payment of the costs of duplication, any letters of reference or other similar documents pertaining to the applicant that are in possession of the division.
Question 9-What are the penalties for violating disclosure rules?
Detail Level:
Detailed Explanation
Citation:
C.R.S. § 8-72-107
Relevant Language:
TITLE 8 - LABOR AND INDUSTRY, LABOR III - EMPLOYMENT SECURITY, ARTICLE 72 - ADMINISTRATION OF DIVISION, §8-72-107. RECORDS AND REPORTS – FEE – VIOLATION – PENALTY. (1) ... Any employee or member of the division or any referee who violates any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.
