HAR §12-5-220. Disclosure of quarterly wage detail information

(a) The department shall disclose quarterly wage detail information to authorized requesting agencies which have entered into an agreement in accordance with subsection (b) for purposes deemed by the department to be useful in verifying eligibility for and the amount of benefits or to be reasonably necessary for the proper administration of the requesting agency's program. (b) The agreement between the department and the requesting agency shall include, but not be limited to: (1) The purposes for which requests will be made and the specific information needed; (2) Identification of all agency officials, by position, with authority to request information; (3) Methods and timing of the requests for information, including the format to be used, and the period of time needed to furnish the requested information; (4) Basis for establishing the reporting periods for which information will be provided; (5) Provisions for determining appropriate reimbursement from the requesting agency for the costs incurred in providing data; (6) Safeguards to ensure that information obtained from the department will be protected against unauthorized access or disclosure. At a minimum, such procedures will comply with the requirements of subsection (c). (c) Requesting agencies shall comply with the following measures to protect confidentiality of the information against unauthorized access or disclosure: (1) The information shall be used only to the extent necessary to assist in the valid administrative needs of the program receiving such information; (2) The requesting agency shall not use the information for any purposes not specifically authorized under an agreement that meets the requirements of subsection (b); (3) The information shall be stored in a place physically secure from access by unauthorized persons; (4) Precautions shall be taken to ensure that only authorized persons are given access to computer data files; (5) Information in electronic format, such as magnetic tapes or discs, shall be stored and processed in such a way that unauthorized persons cannot retrieve the information by means of a computer, remote terminal, or other means; (6) The requesting agency shall: (A) instruct all personnel with access to the information regarding the confidential nature of the information, the requirements of the agreement, the sanctions specified in section 383-143, Hawaii Revised Statutes, and other relevant state statutes; and (B) attest to the agency's policies and procedures regarding confidentiality in the 52 agreement as provided for in subsection (b). (d) The requesting agency shall permit the department and the U.S. Department of Labor (and other authorized federal officials) to make onsite inspections to ensure that the requirements of this section are being met. [Eff 8/5/88] (Auth: HRS ''383-92, 383-95) (Imp: HRS '383-95) ''12-5-221 to 12-5-224 (Reserved) 53 54 SUBCHAPTER 9 DESTRUCTION OF DEPARTMENTAL RECORDS Historical Note: Subchapter 9 is based substantially upon Regulation IX of the Rules and Regulations of the Department of Labor and Industrial Relations relating to Destruction of Departmental Records [Eff. 7/15/51; am 12/16/76; R 6/26/81]