Information available through enhanced electronic access system
Sec. 6.5. (a) The department may make available through the
enhanced electronic access system established by the office of
technology established by IC 4-13.1-2-1 secure electronic access for
creditors to employer provided information on the amount of wages
paid by an employer to an employee.
(b) The enhanced electronic access system established by the
office of technology may enter into a contract with one (1) or more
private entities to allow private entities to provide secure electronic
access to employer provided information held by the department on
the amount of wages paid by an employer to an employee.
(c) A creditor may obtain wage report information from a private
entity if the creditor first obtains written consent from the employee
whose information the creditor seeks to obtain. A creditor that has
entered into a contract with the enhanced electronic access system
must retain a written consent received under this section for at least
three (3) years or for the length of the loan if the loan is for less than
three (3) years.
(d) Written consent from the employee must include the
following:
(1) A statement that the written consent is the authorization for
the creditor to obtain information on the employee's
employment and wage history.
(2) A statement that the information is obtained solely for the
purpose of reviewing a specific application for credit.
(3) Notification that state agency files containing employment
and wage history will be accessed to provide the information.
(4) A listing of all parties that will receive the information
obtained.
(e) Information under this section may only be released to a
creditor for the purpose of satisfying the standard underwriting
requirements of the creditor or a client of the creditor for one (1)
credit transaction per employee written consent.
(f) The costs of implementing and administering the release of
information must be paid by the private entity or entities that contract
with the enhanced electronic access system established by the office
of technology.
(g) For employee information under this section, a private entity
that enters a contract with the enhanced electronic access system
established by the office of technology for release of employee
information must comply with:
(1) the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
(2) all state and federal privacy laws; and
(3) the rules regarding the release of information adopted by the
United States Department of Labor.
(h) A private entity that has entered into a contract with the
enhanced electronic access system under subsection (b) must
maintain a consent verification system that audits at least five percent
(5%) of daily transactions and must maintain a file of audit
procedures and results.
(i) A person who violates this section commits a Class A
infraction.
As added by P.L.226-1999, SEC.1. Amended by P.L.177-2005,
SEC.43.
Last modified: May 27, 2006