34 Pa. Code § 61.25 - Confidentiality of information and fees
(a)
Confidentiality.
(1)
Definition. For purposes
of this subsection, "unemployment compensation information" means both of the
following:
(i) Information in the possession
of the Department or the Board pertaining to the administration of the law
which reveals the name or any other identifying particular about an employer,
employee or claimant or which could foreseeably be combined with publicly
available information to reveal any identifying particular.
(ii) Information obtained directly or
indirectly from the Department or the Board that is included in subparagraph
(i) while in the possession of the Department or the Board.
(2)
Rule of
confidentiality.
(i) Unemployment
compensation information is confidential and may be disclosed only as permitted
in this subsection.
(ii) Except as
provided in paragraph (5), unemployment compensation information will not be
competent evidence and may not be used in any action or proceeding in any court
or other tribunal.
(3)
Permissible disclosure. The Department or the Board may
disclose or authorize disclosure of unemployment compensation information only
as follows:
(i) To officers and employees of
the Department and members and employees of the Board in the administration of
the law.
(ii) To a claimant, the
last employer of the claimant, a base year employer of a claimant or a
representative of any of the foregoing in accordance with paragraph (7), to the
extent necessary for the proper determination of the claimant's application for
benefits and claims for compensation.
(iii) To an employer or a representative of
an employer in accordance with paragraph (7), to the extent necessary for the
proper determination of the employer's liability for reports and payments under
the law and the proper administration of the employer's account.
(iv) To public employees in the performance
of their public duties.
(v) As
determined by the Department or the Board to be necessary for the proper
administration of the unemployment compensation program.
(vi) As permitted by provisions of the law or
as required or permitted by Federal law.
(4)
Redisclosure prohibited.
(i) Officers and employees of the Department
and members and employees of the Board to whom unemployment compensation
information is disclosed under paragraph (3)(i) may not disclose the
information to any person or before any court or other tribunal, except as
authorized by the Department or the Board under paragraph (3).
(ii) Except as provided in paragraph (5), a
person, other than an officer or employee of the Department or a member or
employee of the Board, to whom unemployment compensation information is
disclosed under paragraph (3) or otherwise may not disclose the information to
any person or before any court or other tribunal without the prior, written
authorization of the Department or the Board. This subparagraph applies to the
initial person to whom the information is disclosed and subsequent recipients
of the information.
(5)
Exceptions. Paragraphs (2)(ii) and (4)(ii) do not apply to the
following:
(i) A legal proceeding under the
law or a statute administered or enforced by the Commonwealth.
(ii) Information disclosed to a claimant,
employer or representative under paragraph (3)(ii) or (iii).
(iii) Information filed with the unified
judicial system by the Department or the Board in the administration of the
law.
(6)
Safeguards. A person to whom unemployment compensation
information is disclosed under paragraph (3) shall implement and maintain all
safeguards required by the Department to protect the confidentiality of the
information and comply with other terms and conditions specified by the
Department in connection with disclosure of the information.
(7)
Representatives. To
receive information under paragraph (3)(ii) or (iii) on behalf of a claimant or
an employer, a representative shall present a written authorization from the
claimant or employer being represented, except in the following circumstances:
(i) A written authorization is impossible or
impracticable to obtain as determined by the Department within its discretion
and the representative presents other evidence of consent as required by the
Department.
(ii) The representative
is an elected official or a member of his staff performing constituent services
and the representative presents reasonable evidence of consent.
(iii) The representative is an attorney and
the attorney asserts that he is representing the claimant or
employer.
(b)
Fees. Except as provided in section 702 of the law
(43
P. S. §
862), the Department or the
Board may charge a fee to a person seeking documents or information from the
Department or the Board. The fee will be an amount sufficient to compensate the
Department or the Board for the costs to process the request and, if the
requested documents or information are available, the cost to provide the
documents and information. The amount of the fee will be calculated by the
Department within its discretion.
Notes
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