Records; inspection; reports; confidentiality; violations
Sec. 6. (a) Each employing unit shall keep true and accurate
records containing information the department considers necessary.
These records are:
(1) open to inspection; and
(2) subject to being copied;
by an authorized representative of the department at any reasonable
time and as often as may be necessary. The commissioner, the review
board, or an administrative law judge may require from any
employing unit any verified or unverified report, with respect to
persons employed by it, which is considered necessary for the
effective administration of this article.
(b) Except as provided in subsections (d) and (f), information
obtained or obtained from any person in the administration of this
article and the records of the department relating to the
unemployment tax, the skills 2016 assessment under IC 22-4-10.5-3,
or the payment of benefits is confidential and may not be published
or be open to public inspection in any manner revealing the
individual's or the employing unit's identity, except in obedience to
an order of a court or as provided in this section.
(c) A claimant at a hearing before an administrative law judge or
the review board shall be supplied with information from the records
referred to in this section to the extent necessary for the proper
presentation of the subject matter of the appearance. The
commissioner may make the information necessary for a proper
presentation of a subject matter before an administrative law judge
or the review board available to an agency of the United States or an
Indiana state agency.
(d) The commissioner may release the following information:
(1) Summary statistical data may be released to the public.
(2) Employer specific information known as ES 202 data and
data resulting from enhancements made through the business
establishment list improvement project may be released to the
Indiana economic development corporation only for the
following purposes:
(A) The purpose of conducting a survey.
(B) The purpose of aiding the officers or employees of the
Indiana economic development corporation in providing
economic development assistance through program
development, research, or other methods.
(C) Other purposes consistent with the goals of the Indiana
economic development corporation and not inconsistent with
those of the department.
(3) Employer specific information known as ES 202 data and
data resulting from enhancements made through the business
establishment list improvement project may be released to the
budget agency only for aiding the employees of the budget
agency in forecasting tax revenues.
(4) Information obtained from any person in the administration
of this article and the records of the department relating to the
unemployment tax or the payment of benefits for use by the
following governmental entities:
(A) department of state revenue; or
(B) state or local law enforcement agencies;
only if there is an agreement that the information will be kept
confidential and used for legitimate governmental purposes.
(e) The commissioner may make information available under
subsection (d)(1), (d)(2), or (d)(3) only:
(1) if:
(A) data provided in summary form cannot be used to
identify information relating to a specific employer or
specific employee; or
(B) there is an agreement that the employer specific
information released to the Indiana economic development
corporation or the budget agency will be treated as
confidential and will be released only in summary form that
cannot be used to identify information relating to a specific
employer or a specific employee; and
(2) after the cost of making the information available to the
person requesting the information is paid under IC 5-14-3.
(f) In addition to the confidentiality provisions of subsection (b),
any information furnished by the claimant or an agent to the
department to verify a claim of domestic or family violence is
confidential. This information shall not be disclosed to the employer
or any other person. Disclosure is subject to the following
restrictions:
(1) The claimant must be notified before any release of
information.
(2) Any disclosure is subject to redaction of unnecessary
identifying information, including the claimant's address.
(g) An employee:
(1) of the department who recklessly violates subsection (a), (c),
(d), (e), or (f); or
(2) of any governmental entity listed in subsection (d)(4) of this
chapter who recklessly violates subsection (d)(4) of this
chapter;
commits a Class B misdemeanor.
(h) An employee of the Indiana economic development
corporation or the budget agency who violates subsection (d) or (e)
commits a Class B misdemeanor.
(Formerly: Acts 1947, c.208, s.2006.) As amended by Acts 1978,
P.L.2, SEC.2217; P.L.17-1984, SEC.6; P.L.18-1987, SEC.57;
P.L.135-1990, SEC.17; P.L.110-1992, SEC.1; P.L.21-1995, SEC.97;
P.L.235-1999, SEC.11; P.L.290-2001, SEC.15; P.L.189-2003,
SEC.8; P.L.4-2005, SEC.131.
Last modified: May 27, 2006