Idaho Admin. Code r. 09.01.08.013 - DISCLOSURE TO THIRD PARTIES WITH WRITTEN, INFORMED CONSENT
A person may agree, through written, informed consent, to allow a third party to obtain employment security information pertaining to the person from the Department, subject to the following terms and conditions: (3-23-22)
01.
Informed Consent
Release. (3-23-22)
a. An informed
consent release must be signed by the person providing informed consent and
dated within one (1) year of the date of the request for access to the records.
(3-23-22)
b. In the document, the
person providing informed consent must: (3-23-22)
i. Identify the specific records to be
disclosed; (3-23-22)
ii.
Acknowledge Department files will be accessed to obtain the records;
(3-23-22)
iii. List all third
parties authorized to access the person's information; and (3-23-22)
iv. Indicate specific purpose(s) of the
disclosure and state the records will be used only for the specified
purpose(s). If the disclosure is not for purposes of the Employment Security
Law, the purpose(s) specified must provide a service or benefit to the person
providing informed consent or to administer or evaluate a public program to
which informed consent release pertains. (3-23-22)
c. Unless disclosure is for the purposes of
the Employment Security Law , the Department will not comply with disclosure
requests to a third party on an ongoing basis. Only existing records in the
Department's custody as of the date of receipt of the request will be disclosed
pursuant to the informed consent release, not records that may be created in
the future. (3-23-22)
02.
Agreement by Third Party. Before the Department will disclose
employment security information to a third party pursuant to an informed
consent release, the third party must sign an agreement containing the
following provisions: (3-23-22)
a. A
description of the specific information to be furnished by the Department and
the purpose(s) for which the information is sought and will be used, as
specified in the informed consent release; (3-23-22)
b. A statement that those who request or
receive information under the agreement will be limited to those individuals,
identified by name, with a need to access it for the purpose(s) specified in
the informed consent release; (3-23-22)
c. The method for the disclosure, including
format; (3-23-22)
d. Provisions for
payment of the Department's costs of disclosure as required by Subsection
020.02 of these rules, including
the Department's costs of performing audits to ensure compliance with State and
Federal law and the requirements of the agreement; (3-23-22)
e. Provisions for safeguarding the
information disclosed, including the following requirements: (3-23-22)
i. Recipient will use the information only
for purposes authorized by law and specified in the informed consent release;
(3-23-22)
ii. Recipient will store
the information in a place physically secure from access by unauthorized
persons; (3-23-22)
iii. Recipient
will store and process the information maintained in electronic format in such
a way unauthorized persons cannot obtain the information by any means;
(3-23-22)
iv. Recipient will
undertake precautions to ensure only authorized personnel have access to the
information stored in computer systems; (3-23-22)
v. Recipient will instruct and have all
personnel with access to the information sign an acknowledgment that they will
adhere to the agreement's confidentiality requirements; understand the civil
and criminal penalties in Sections
72-1372 and
72-1374, Idaho Code for
unauthorized disclosure of information; and will fully and promptly report to
the Department any breach of the confidentiality requirements.
(3-23-22)
vi. Except for any
information possessed by any court, Recipient will dispose of the information
and any copies made by the requesting agency or its agent or contractor after
the purpose of the disclosure has been served, and will not retain the
information with personal identifiers for any longer period of time than the
Department deems appropriate; and (3-23-22)
vii. Recipient will redisclose the
information only as authorized under informed consent release and for
purpose(s) specified in the release or as required by State or Federal law.
(3-23-22)
f. Provisions
for on-site audits of the recipient by the Department as the Department may
deem necessary to ensure compliance with State and Federal law and agreement
requirements; (3-23-22)
g.
Provisions for the immediate suspension of the agreement if the Department
determines that the recipient is not adhering to the requirements of the
agreement; (3-23-22)
h. Provisions
for termination of the agreement if, after a breach of the agreement prompt and
satisfactory corrective action is not taken, and for immediate surrender to the
Department of all employment security information, including copies in any
form, obtained under the agreement by the recipient; (3-23-22)
i. Acknowledgment by recipient the agreement
is governed by the laws of the State of Idaho, and civil and criminal penalties
in Sections
72-1372 and
72-1374, Idaho Code, apply to any
unauthorized disclosure of information no matter where the unauthorized
disclosure may occur; and (3-23-22)
j. Provisions for the Department to take any
remedial action permitted under State or Federal law to enforce the agreement,
including seeking damages, penalties, restitution, and attorneys fees and costs
incurred by the Department for any breaches of the agreement and required
enforcement. (3-23-22)
03.
Department's Right to Audit.
After a third party receives employment security information pursuant to an
informed consent release, the Department may perform an on-site audit of the
third party to ensure the information is used for authorized purposes only.
(3-23-22)
Notes
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