Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-353 - Disclosure of Information Pursuant to R.S. 23:905

Current through Register Vol. 50, No. 6, June 20, 2024
A.R.S.
				  23:905 governs the agency's sharing Louisiana
				  workers' employer and wage information (hereinafter
shared
				  information
) with third-party vendors that facilitate the obtaining of
				  such information by third parties under circumstances where such sharing is
				  permitted by 20 CFR part 603 and not otherwise prohibited by law. A third-party
				  vendor is a person or entity that facilitates the obtaining of shared
				  information as an authorized agent of another person or entity to whom the
				  release of the shared information is permitted by law and by 20 CFR part 603.
				  However, this rule shall not apply to or restrict the sharing of such
				  information, to the extent permitted by law and 20 CFR part 603, directly to
				  the individual or the individual's attorney.
B. All sharing of data pursuant to
				  R.S.
				  23:905 shall comply with 20 CFR part 603 and
				  any other federal requirements or formal guidance governing such data sharing,
				  including but not by way of limitation the requirement that the terms and
				  conditions of such data sharing arrangements be prescribed in a data-sharing
				  agreement. The agency shall require third party vendors to sign agreements with
				  the agency establishing specific terms and conditions determined by the agency,
				  in its sole discretion, to be necessary and appropriate to the particular data
				  sharing arrangement with the third-party vendor.
C. Before providing any shared information to
				  a third-party vendor, the agency shall require from the third-party vendor
				  and/or the person or entity on whose behalf the third-party vendor requests
				  shared information (the client) documentation sufficient to verify the
				  third-party vendor's representation of the client. The agency's costs in
				  establishing any such data sharing arrangement shall be paid to the agency as a
				  condition precedent to the implementation of any information sharing
				  arrangement under
				  R.S.
				  23:905.
D. A release consenting to the disclosure
				  that meets the requirements of 20 CFR Part 603 and signed by each person whose
				  information is requested shall be provided to the agency before any data about
				  that person is shared pursuant to this rule, and the agency's cost in providing
				  said information shall be paid to the agency before the requested information
				  is provided to the third-party vendor. The agency may accept a release that is
				  effectuated electronically to the extent permitted by United States Department
				  of Labor unemployment insurance program letter No. 19-12, or any other
				  subsequent official guidance or requirements promulgated by the United States
				  Department of Labor.
E. Third-party
				  vendors shall reimburse the agency for all costs the agency incurs in defending
				  or resisting subpoenas or other legal demands made upon the third-party vendor
				  or their customers seeking the release of information shared pursuant to
				  R.S.
				  23:905.
F. The purposes for which shared information
				  may be provided to third-party vendors are limited to lending purposes, tenant
				  screening and insurance underwriting, and such sharing is permitted only if the
				  purpose specified in the release provides a service or benefit the individual
				  expects to receive as a result of signing the release. The use of shared
				  information for marketing or any other purposes is prohibited.
G. As required by 20 CFR Part 603, the agency
				  must conduct, and third-party vendors and their clients must permit, random
				  on-site visits by agency auditors of their compliance with the requirements
				  governing their access to, redisclosure of, and retention and disposal of
				  shared information.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.