Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.08 - RULES ON DISCLOSURE OF EMPLOYMENT SECURITY INFORMATION › Section 09.01.08.012 - DISCLOSURE TO PUBLIC OFFICIALS

Current through August 31, 2023
Employment security information may be disclosed by the
				director or the director's authorized representative to the following public
				officials or to an agent or contractor of the following public officials, for
				use in the performance of official duties: (3-23-22)
01.
Required by Federal Law
. Any
			 public agency to whom the Department is required by federal law to disclose
			 information, under the terms and restrictions required by federal law;
			 (3-23-22)
02.
Reciprocal
			 Disclosures
. Any public agency where reciprocal disclosures from such
			 agency to the Department will reasonably assist in the collection of
			 contributions and payments in lieu of contributions. (3-23-22)
03.
Benefit to Department
. Any
			 public agency to whom disclosure of Department information would be consistent
			 with the mission of the Department or of benefit to the Department, as
			 determined by the director. (3-23-22)
04.
Written Agreement
. Any
			 release of information to public officials under Subsections
			 012.02 and
			 012.03 of these rules must be
			 pursuant to a written agreement signed by the requesting agency director or
			 their authorized representative and the director of the Department. If an agent
			 or contractor is to obtain or access information on behalf of a requesting
			 agency, the requesting agency director or the director's authorized
			 representative must sign the agreement. The requesting agency will be
			 responsible for ensuring the agent or contractor complies with all security
			 requirements of the agreement. (3-23-22)
05.
Terms and Conditions of Written
			 Agreement
. The interagency agreement must contain 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; (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 or job title, or both, with a need to access for purpose(s)
			 specified in the agreement; (3-23-22)
c. Methods and timing, if the disclosure is
			 to be made more than once, including the format to be used; (3-23-22)
d. Provisions for timely payment of the
			 Department's billed costs as required by Subsection
			 020.02 of these rules, including
			 the Department's costs of performing on-site inspections to ensure compliance
			 with State and Federal law and agreement requirements; (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 agreement;
			 (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 a way
			 that 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 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 provided in the agreement or as required by State or
			 Federal law. (3-23-22)
f.
			 Provisions for on-site inspections of the requesting agency and/or its agent or
			 contractor by the Department to ensure compliance with State and Federal law
			 and the requirements of the agreement; (3-23-22)
g. Provisions that stipulate the Department
			 determines the requesting agency or its agent or contractor is not adhering to
			 the requirements of the agreement, including timely payment of the Department's
			 billed costs, any and all further disclosures will immediately be suspended
			 until the Department is satisfied corrective action has been taken and there
			 will be no further breach; (3-23-22)
h. Provisions for terminating this agreement
			 if, after a breach of the agreement, prompt and satisfactory corrective action
			 is not taken, and for the immediate surrender to the Department of all
			 employment security information, including copies in any form, obtained under
			 the agreement by the requesting agency and/or its agent or contactor; and
			 (3-23-22)
i. Provisions for the
			 Department to take any remedial action permitted under State or Federal law to
			 enforce the agreement, including seeking damages, penalties, restitution,
			 attorneys fees and costs incurred by the Department for pursuit of any breaches
			 of the agreement and required enforcement. (3-23-22)