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.
