Florida Unemployment Insurance Data
Question 1-How is confidential data defined?
Detail Level:
Broad Mention
Citation:
Fla. Stat. § 443.1715
Relevant Language:
TITLE XXXI - LABOR, CHAPTER 443 - UNEMPLOYMENT COMPENSATION, §443.1715 – DISCLOSURE OF INFORMATION; CONFIDENTIALITY. (1) RECORDS AND REPORTS. Information revealing an employing unit’s or individual’s identity obtained from the employing unit or any individual under the administration of this chapter, and any determination revealing that information, is confidential.
Question 2-Who is authorized to disclose data?
Detail Level:
Broad Mention
Citation:
Fla. Stat. § 443.1715
Relevant Subsections:
(1), (2)(a) - (b)
Relevant Language:
TITLE XXXI - LABOR, CHAPTER 443 - UNEMPLOYMENT COMPENSATION, §443.1715 – DISCLOSURE OF INFORMATION; CONFIDENTIALITY. (1) RECORDS AND REPORTS ...
This confidential information may be released in accordance with the provisions in 20 C.F.R. part 603 ...
(2) DISCLOSURE OF INFORMATION. (a) Subject to restrictions the Department of Economic Opportunity or the state agency providing reemployment assistance tax collection services adopts by rule, information declared confidential under this section is available ... (b) The employer or the employer's workers' compensation carrier against whom a claim for benefits under chapter 440 has been made, or a representative of either, may
request from the department records of wages of the employee reported to the department
Question 3-For what purposes may data be disclosed?
Detail Level:
Broad Mention
Citation:
Fla. Stat. § 443.1715
Relevant Subsections:
(2)(a)
Relevant Language:
TITLE XXXI - LABOR, CHAPTER 443 - UNEMPLOYMENT COMPENSATION, §443.1715 – DISCLOSURE OF INFORMATION; CONFIDENTIALITY ...
(2) DISCLOSURE OF INFORMATION. (a) Subject to restrictions the Department of Economic Opportunity or the state agency providing reemployment assistance tax collection services adopts by rule, information declared confidential under this section is available to any agency of this or any other state, or any federal agency, charged with the
administration of any reemployment assistance or unemployment compensation law or the maintenance of the one-stop delivery system, or the Bureau of Internal Revenue of the United States Department of the Treasury, or the Florida Department of Revenue. Information obtained in connection with the administration of the one-stop delivery system may be made available to persons or agencies
for purposes appropriate to the operation of a public employment service or a job-preparatory or career education or training program. The department shall, on a quarterly basis, furnish the National Directory of New Hires with information concerning the wages and reemployment assistance benefits paid to individuals ... Upon request, the department shall furnish any agency of the United States charged with the
administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient's rights to further benefits under this chapter
Question 4-To which parties may data be disclosed?
Detail Level:
Broad Mention
Citation:
Fla. Stat. § 443.1715
Relevant Subsections:
(2)(a)
Relevant Language:
TITLE XXXI - LABOR, CHAPTER 443 - UNEMPLOYMENT COMPENSATION, §443.1715 – DISCLOSURE OF INFORMATION; CONFIDENTIALITY
... (2) DISCLOSURE OF INFORMATION. (a) Subject to restrictions the Department of Economic Opportunity or the state agency providing reemployment assistance tax collection services adopts by rule, information declared confidential under this section is available to any agency of this or any other state, or any federal agency, charged with the administration of any reemployment assistance or unemployment compensation law or the maintenance of the one-stop delivery system, or the Bureau of Internal Revenue of the United States Department of the Treasury, or the Florida Department of Revenue. Information obtained in connection with the administration of the one-stop delivery system may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a job-preparatory or career education or training program ... Upon request, the department shall furnish any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged
Question 5-What specific data elements may be disclosed?
Detail Level:
Detailed Explanation
Citation:
Fla. Stat. § 443.1715
Relevant Subsections:
(2)(a)
Relevant Language:
TITLE XXXI - LABOR, CHAPTER 443 - UNEMPLOYMENT COMPENSATION, §443.1715 – DISCLOSURE OF INFORMATION; CONFIDENTIALITY ... (2) DISCLOSURE OF INFORMATION. (a)
... Upon request, the department shall furnish any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient's rights to further benefits under this chapter. Except as otherwise provided by law, the receiving agency must retain the confidentiality of this information as provided in this section.
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:
Detailed Explanation
Citation:
Fla. Stat. § 443.17161
Relevant Subsections:
(3), (5)
Relevant Language:
TITLE XXXI - LABOR, CHAPTER 443 - UNEMPLOYMENT COMPENSATION, §443.17161 – AUTHORIZED ELECTRONIC ACCESS TO EMPLOYER INFORMATION ...
(3) Consumer reporting agencies and users accessing information under this section must safeguard the confidentiality of the information ...
(5) The Department of Economic Opportunity shall establish minimum audit, security, net worth, and liability insurance standards, technical requirements, and any other terms and conditions considered necessary in the discretion of the state agency to safeguard the confidentiality of the information released under this section and to otherwise serve the public interest. The Department of Economic Opportunity shall also include, in coordination with any necessary state agencies, necessary audit procedures to ensure that these rules are followed.
Question 8-What are the payment provisions for data disclosure?
Detail Level:
Broad Mention
Citation:
Fla. Stat. § 443.1715
Relevant Language:
TITLE XXXI - LABOR, CHAPTER 443 - UNEMPLOYMENT COMPENSATION, §443.1715 – DISCLOSURE OF INFORMATION; CONFIDENTIALITY.
(1) RECORDS AND REPORTS ... The department or its tax collection service provider
may charge a reasonable fee for copies of these reports as prescribed by rule,
which may not exceed the actual reasonable cost of the preparation of the copies. Fees received for copies under this subsection must be deposited in the Employment Security Administration Trust Fund.
Question 9-What are the penalties for violating disclosure rules?
Detail Level:
Detailed Explanation
Citation:
Fla. Stat. § 443.1715
Relevant Language:
TITLE XXXI - LABOR, CHAPTER 443 - UNEMPLOYMENT COMPENSATION, §443.1715 – DISCLOSURE OF INFORMATION; CONFIDENTIALITY. (1) RECORDS AND REPORTS ... A person receiving confidential information who violates this subsection commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 of s. 775.083.
