N.D. Cent. Code § 65-04-15
65-04-15. Information in employer's files confidential - Exceptions - Penalty if employee of organization divulges information
65-04-15. Information in employer's files confidential - Exceptions - Penalty if
employee of organization divulges information.
1. The information contained in an employer's file is confidential and not subject to
disclosure under chapter 44-04 and section 6 of article XI of the Constitution of North
Dakota, is for the exclusive use and information of the organization or its agents in the
discharge of the organization's official duties, and is not open to the public nor usable
in any court in any court action or proceeding unless the organization is a party to that
court action or proceeding. The information contained in the file, however, may be
tabulated and published by the organization in statistical form for the use and
information of the state departments and of the public.
2. An employer file includes all documents and data pertaining to a person that pays
premium to the organization, except for information relating to a grant award under
section 65-03-04 which the organization is specifically authorized to disclose or under
section 65-03-04 which does not disclose payroll or premium information as provided
in subsection 3.
3. Upon request, the organization shall disclose the rate classification of an employer to
the requester; however, the organization may not disclose any information that would
reveal the amount of payroll upon which that employer's premium is being paid or the
amount of premium the employer is paying. The organization may disclose whether an
employer's file is active, canceled, closed, pending, delinquent, or uninsured. The
information in the employer's file may not be released in aggregate form, except to
those persons contracting with the organization for exchange of information pertaining
to the administration of this title, except upon written authorization by the employer for
a specified purpose, or at the discretion of the organization with regard to delinquent
and uninsured employers. Disclosure by a public servant of information contained in
an employer's report, except as otherwise allowed by law, is a violation of section