Ga. Comp. R. & Regs. R. 300-2-6-.03 - Access to Records by Public Officials

Current through Rules and Regulations filed through April 4, 2022

Governmental agencies may be provided access to confidential unemployment benefit or wage data only upon full compliance with the provisions of Code Section 34-8-125 and Rule 300-2-6-.02, including provisions regarding fees and copy costs. Any governmental agency requesting access to such confidential data on an ongoing basis must enter into a data sharing agreement with the department with at least the following terms and conditions of the disclosure of information.

(a) A description of the specific information to be furnished and the purposes for which the information is sought;
(b) A statement that those who request or receive information under the agreement will be limited to those with a need to access it for purposes listed in the agreement;
(c) The methods and timing of requests for information and responses to those requests, including the format to be used;
(d) Provision for paying the department for any costs of furnishing information;
(e) Provision for safeguarding the information disclosed;
(f) A requirement that the information requested and received under the agreement may not be disclosed or redisclosed to any other individual, agency, or entity;
(g) A provision identifying contacts with full contact information for both the proposed use of the information and security of the information received;
(h) A requirement to notify the department immediately upon receipt of any request to disclose or redisclose the information received from the department, including but not limited to any court order, subpoena, civil litigation discovery request, request for production of documents, notice to produce, or similar compulsory process, all of which requests shall be subject to Rule 300-2-6-.02(5); and
(i) Provision for on-site inspections of the agency, entity, or contractor, to assure that the requirements of the State's law and the agreement or contract required by this rule are being met.
(j) The requirements of subparagraphs (a) through (i) of this rule with respect to disclosures on an ongoing basis do not apply to disclosures of UC information to a Federal agency which the U. S. Department of Labor has determined, by notice published in the Federal Register, to have in place safeguards adequate to satisfy the confidentiality requirement of Section 303(a)(1) of the Social Security Act and an appropriate method of paying or reimbursing the state unemployment insurance agency (which may include a reciprocal cost arrangement) for costs involved in such disclosures. Such determinations will be published in the Federal Register.

Notes

Ga. Comp. R. & Regs. R. 300-2-6-.03
O.C.G.A. Secs. 34-8-70, 34-8-120. 20 CFR 603
Original Rule entitled "Access to Records by Public Officials" adopted. F. Aug. 28, 1992; eff. Sept. 17, 1992. Amended: F. Jun. 25, 1998; eff. July 15, 1998. Amended: F. Jun. 25, 1998; eff. July 15, 1998. Amended: F. Jan. 10, 2012; eff. Jan. 30, 2012.

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