ORS Chapter 657b — Family and Medical Leave

ORS 657b.400. Confidentiality of information; disclosures of information by Employment Department; rules. (1) Except as provided in subsections (2) to (7) and (10) of this section, all information in the records of the Employment Department or a third party administrator pertaining to the administration of this chapter: (a) Is confidential and for the exclusive use and information of the Director of the Employment Department in administering this chapter; (b) May not be used in any court action or in any proceeding pending in the court unless the director or the State of Oregon is a party to the action or proceeding or unless the action or proceeding concerns the establishment, enforcement or modification of a support obligation and support services are being provided by the Division of Child Support of the Department of Justice or the district attorney pursuant to ORS 25.080; and (c) Is exempt from disclosure under ORS 192.311 to 192.478. (2) The Employment Department may disclose information: (a) To the extent necessary for the payment of benefits or collection of contributions due under this chapter: (A) To any claimant or employer; or (B) To a legal representative or other designee authorized by a claimant or employer in accordance with any rules adopted by the director regarding the receipt of confidential information on behalf of a claimant or employer. (b) Upon request to the United States Attorneys Office. Under this paragraph, the Employment Department may disclose an individuals employment and wage information in response to a federal grand jury subpoena or for the purpose of collecting civil and criminal judgments issued by a federal court, including restitution and special assessment fees. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Attorneys Office. (3) At the discretion of the director and subject to an interagency agreement, the Employment Department may disclose, upon request, information: (a) To state or local child support enforcement agencies enforcing child support obligations for the purposes of establishing child support obligations, locating individuals owing child support obligations and collecting child support obligations from those individuals. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the child support enforcement agency. (b) To agencies participating in an income and eligibility verification system for the purpose of verifying an individuals eligibility for benefits, or the amount of benefits, under a state or federal program such as unemployment insurance, temporary assistance for needy families, medical assistance, supplemental nutrition assistance, Supplemental Security Income, child support enforcement or Social Security. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the requesting agency. (c) To officers and employees of the United States Department of Housing and Urban Development and to representatives of a state or local public housing agency for the purpose of determining an individuals eligibility for benefits, or the amount of benefits, under a housing assistance program. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the requesting agency. (4) At the discretion of the director and subject to an interagency agreement, the Employment Department may disclose information secured from employers: (a) To state agencies, federal agencies, local government agencies, public universities listed in ORS 352.002 and the Oregon Health and Science University established under ORS 353.020, to the extent necessary to properly carry out governmental planning, performance measurement, program analysis, socioeconomic analysis or policy analysis functions performed under applicable law and at the discretion of the director and subject to an interagency agreement. The information disclosed is confidential and may not be disclosed by the agencies or universities in any manner that would identify individuals, claimants, employees or employers. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the agency or university requesting the information. (b) As part of a geographic information system. Points on a map may be used to represent economic data, including the location, employer size and industrial classification of businesses in Oregon. Information presented as part of a geographic information system may not give specific details regarding a businesss address, actual employment or proprietary information. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the party requesting the information. (5) At the discretion of the director and subject to an interagency agreement, the Employment Department may disclose information received from an employer, an employee or a claimant: (a) To public employees in the performance of their duties under state or federal laws relating to the payment of family and medical leave insurance benefits. (b) Pursuant to an informed consent, received from the employer, employee or claimant, to disclose the information. (c) To the Bureau of Labor and Industries for the purpose of performing duties under ORS 279C.800 to 279C.870, 658.005 to 658.245 or 658.405 to 658.511 or ORS chapter 652, 653 or 659A. The information disclosed may include the names and addresses of employers and employees, payroll data of employers and employees, and information obtained for an appeal from a determination under a plan approved under ORS 657B.210. The information disclosed is confidential and may not be used for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the bureau. (d) To the Department of Revenue for the purpose of performing its duties under ORS 293.250 or under the revenue and tax laws of this state and identifying potential identity theft and fraud. The information disclosed may include the names and addresses of employers and employees, payroll data of employers and employees, and particulars, as defined in ORS 314.835. The information disclosed is confidential and may not be disclosed by the Department of Revenue in any manner that would identify an employer or employee except to the extent necessary to carry out the departments duties under ORS 293.250 or in auditing or reviewing any report or return required or permitted to be filed under the revenue and tax laws administered by the department. The Department of Revenue may not disclose any information received to any private collection agency or for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Revenue. (e) To the Department of Consumer and Business Services for the purpose of performing its duties under ORS chapters 654, 656 and 731. The information disclosed may include, but is not limited to, the name, address, number of employees and standard industrial classification code of an employer and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Consumer and Business Services in any manner that would identify an employer or employee except to the extent necessary to carry out the departments duties under ORS chapters 654, 656 and 731, including administrative hearings and court proceedings in which the Department of Consumer and Business Services is a party. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Consumer and Business Services. (f) To the Construction Contractors Board for the purpose of performing its duties under ORS chapter 701. The information disclosed to the board may include the names and addresses of employers and status of their compliance with this chapter. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the board. (g) To the Department of Transportation to assist the department in carrying out its duties relating to collection of delinquent and liquidated debts, including taxes, under ORS 184.610 to 184.665, 184.670 to 184.733 and 805.263, ORS chapter 319 and the Oregon Vehicle Code, or in auditing or reviewing any report or return required or permitted to be filed under the revenue and tax laws administered by the department. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Transportation in any manner that would identify an employer or employee except to the extent necessary to carry out the departments duties relating to collection of delinquent and liquidated debts or in auditing or reviewing any report or return required or permitted to be filed under the revenue and tax laws administered by the department. The Department of Transportation may not disclose any information received to any private collection agency or for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Transportation. (h) To the Department of Human Services and the Oregon Health Authority to assist the department and the authority in the collection of debts that the department and the authority are authorized by law to collect. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Human Services or the Oregon Health Authority in any manner that would identify an employer or employee except to the extent necessary for the collection of debts as described in this paragraph. The Department of Human Services and the Oregon Health Authority may not disclose information received under this paragraph to a private collection agency or use the information for a purpose other than the collection of debts as described in this paragraph. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Human Services or the Oregon Health Authority. (i) To the State Treasurer useful for the purpose of performing the State Treasurers duties under ORS 98.302 to 98.436, 98.992, 113.235 and 116.253. The information disclosed is confidential and may not be used by the State Treasurer for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the State Treasurer. (6) At the discretion of the director and subject to an interagency agreement, the director may disclose information to a public official in the performance of the public officials official duties administering or enforcing laws within the public officials authority and to an agent or contractor of a public official. The public official shall agree to assume responsibility for misuse of the information by the public officials agent or contractor. (7) At the discretion of the director, the director may disclose information to a contractor pursuant to a contract for actuarial services. The contractor shall agree to assume responsibility for misuse of the information by the contractors agent. (8) Any officer appointed by or any employee of the director who discloses confidential information, except with the authority of the director, pursuant to rules or as otherwise required by law, may be disqualified from holding any appointment or employment with the Employment Department. (9) Any person or any officer or employee of an entity to whom information is disclosed by the Employment Department under this section who divulges or uses the information for any purpose other than that specified in the provision of law or agreement authorizing the use or disclosure may be disqualified from performing any service under contract or from holding any appointment or employment with the state agency that engaged or employed that person, officer or employee. The Employment Department may immediately cancel or modify any information-sharing agreement with an entity when a person or an officer or employee of that entity discloses confidential information, other than as specified in law or agreement. (10) At the discretion of the director, the director may disclose information to an employee or officer within any division of the Employment Department as necessary to conduct research, compile aggregate data from the information received and any other purpose deemed necessary by the director to assist the director in carrying out the duties under this chapter or other duties under ORS chapter 657. (11) The director may adopt any rules necessary to implement this section. [2019 c.700 38; 2023 c.292 8] Note: Section 16 (5), chapter 292, Oregon Laws 2023, provides: Sec. 16. (5) The amendments to ORS 657B.400 by section 8 of this 2023 Act apply to disclosures of information made by the Employment Department on or after September 3, 2023. [2023 c.292 16(5); 2023 c.292 16a(5)] (Hearings and Appeals)