AN
ACT Relating to the transfer of data for operational, evaluation, and research
purposes; reenacting and amending RCW 50.13.060 and 42.17.310; creating new
sections; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that individuals in need of employment and related services
would be better served by integrating employment and training services to form
a comprehensive network of state and local programs, called a one-stop career
development system. Successful integration of employment and training services
demands prompt and efficient exchange of information among service providers.
The legislature further finds that efficient operation of state programs and
their evaluation demand at times information held by the employment security
department. Current restrictions on information exchange hamper this
coordination, resulting in increased administrative costs, reduced levels of
service, and fewer positive outcomes than could otherwise be achieved.
Sec.
2. RCW
50.13.060 and 1997 c 409 s 605 and 1997 c 58 s 1004 are each reenacted and
amended to read as follows:
(1)
Governmental agencies, including law enforcement agencies, prosecuting
agencies, and the executive branch, whether state, local, or federal shall have
access to information or records deemed private and confidential under this
chapter if the information or records are needed by the agency for official
purposes and:
(a)
The agency submits an application in writing to the employment security
department for the records or information containing a statement of the
official purposes for which the information or records are needed and specific
identification of the records or information sought from the department; and
(b)
The director, commissioner, chief executive, or other official of the agency
has verified the need for the specific information in writing either on the
application or on a separate document; and
(c)
The agency requesting access has served a copy of the application for records
or information on the individual or employing unit whose records or information
are sought and has provided the department with proof of service. Service
shall be made in a manner which conforms to the civil rules for superior
court. The requesting agency shall include with the copy of the application a
statement to the effect that the individual or employing unit may contact the
public records officer of the employment security department to state any
objections to the release of the records or information. The employment
security department shall not act upon the application of the requesting agency
until at least five days after service on the concerned individual or employing
unit. The employment security department shall consider any objections raised
by the concerned individual or employing unit in deciding whether the
requesting agency needs the information or records for official purposes.
(2)
The requirements of subsections (1) and (9) of this section shall not apply to
the state legislative branch. The state legislature shall have access to
information or records deemed private and confidential under this chapter, if
the legislature or a legislative committee finds that the information or
records are necessary and for official purposes. If the employment security
department does not make information or records available as provided in this
subsection, the legislature may exercise its authority granted by chapter 44.16
RCW.
(3)
In cases of emergency the governmental agency requesting access shall not be
required to formally comply with the provisions of subsection (1) of this
section at the time of the request if the procedures required by subsection (1)
of this section are complied with by the requesting agency following the
receipt of any records or information deemed private and confidential under
this chapter. An emergency is defined as a situation in which irreparable harm
or damage could occur if records or information are not released immediately.
(4)
The requirements of subsection (1)(c) of this section shall not apply to
governmental agencies where the procedures would frustrate the investigation of
possible violations of criminal laws or to the release of employing unit names,
addresses, number of employees, and aggregate employer wage data for the
purpose of state governmental agencies preparing small business economic impact
statements under chapter 19.85 RCW or preparing cost-benefit analyses under RCW
34.05.328(1)(c). Information provided by the department and held to be private
and confidential under state or federal laws must not be misused or released to
unauthorized parties. A person who misuses such information or releases such
information to unauthorized parties is subject to the sanctions in RCW
50.13.080.
(5)
Governmental agencies shall have access to certain records or information,
limited to such items as names, addresses, social security numbers, and general
information about benefit entitlement or employer information possessed by the
department, for comparison purposes with records or information possessed by
the requesting agency to detect improper or fraudulent claims, or to determine
potential tax liability or employer compliance with registration and licensing
requirements. In those cases the governmental agency shall not be required to
comply with subsection (1)(c) of this section, but the requirements of the
remainder of subsection (1) of this section must be satisfied.
(6)
Governmental agencies may have access to certain records and information,
limited to employer information possessed by the department for purposes
authorized in chapter 50.38 RCW. Access to these records and information is
limited to only those individuals conducting authorized statistical analysis,
research, and evaluation studies. Only in cases consistent with the purposes
of chapter 50.38 RCW are government agencies not required to comply with
subsection (1)(c) of this section, but the requirements of the remainder of
subsection (1) of this section must be satisfied. Information provided by the
department and held to be private and confidential under state or federal laws
shall not be misused or released to unauthorized parties subject to the
sanctions in RCW 50.13.080.
(7)
Disclosure to governmental agencies of information or records obtained by the
employment security department from the federal government shall be governed by
any applicable federal law or any agreement between the federal government and
the employment security department where so required by federal law. When
federal law does not apply to the records or information state law shall
control.
(8)
The department may provide information for purposes of statistical
analysis and evaluation of the WorkFirst program or any successor state welfare
program((,)) to the department of social and health services, the
office of financial management, and other governmental entities with oversight
or evaluation responsibilities for the program ((shall have access to
employer wage information on clients in the program whose names and social
security numbers are provided to the department)) in accordance with RCW
43.20A.080. The confidential information provided by the department
shall remain the property of the department and may be used by the
authorized requesting agencies only for statistical analysis, research, and
evaluation purposes as provided in RCW 74.08A.410 and 74.08A.420. The
department of social and health services ((is)), the office of
financial management, or other governmental entities with oversight or
evaluation responsibilities for the program are not required to comply with
subsection (1)(c) of this section, but the requirements of the remainder of
subsection (1) of this section and applicable federal laws and regulations
must be satisfied. The confidential information used for evaluation and
analysis of welfare reform supplied to the authorized requesting entities with
regard to the WorkFirst program or any successor state welfare program are
exempt from public inspection and copying under RCW 42.17.310.
(9)
The disclosure of any records or information by a governmental agency which has
obtained the records or information under this section is prohibited unless the
disclosure is directly connected to the official purpose for which the records
or information were obtained.
(10)
In conducting periodic salary or fringe benefit studies pursuant to law, the
department of personnel shall have access to records of the employment security
department as may be required for such studies. For such purposes, the
requirements of subsection (1)(c) of this section need not apply.
(11)
(a) To promote the reemployment of job seekers, the commissioner may enter into
data-sharing contracts with partners of the one-stop career development
system. The contracts shall provide for the transfer of data only to the
extent that the transfer is necessary for the efficient provisions of work
force programs, including but not limited to public labor exchange,
unemployment insurance, worker training and retraining, vocational
rehabilitation, vocational education, adult education, transition from public
assistance, and support services. The transfer of information under contracts
with one-stop partners is exempt from subsection (1)(c) of this section.
(b)
An individual who applies for services from the department and whose
information will be shared under (a) of this subsection (11) must be notified
that his or her private and confidential information in the department's
records will be shared among the one-stop partners to facilitate the delivery
of one-stop services to the individual. The notice must advise the individual
that he or she may request that private and confidential information not be
shared among the one-stop partners and the department must honor the request.
In addition, the notice must:
(i)
Advise the individual that if he or she requests that private and confidential
information not be shared among one-stop partners, the request will in no way
affect eligibility for services;
(ii)
Describe the nature of the information to be shared, the general use of the
information by one-stop partner representatives, and among whom the information
will be shared;
(iii)
Inform the individual that shared information will be used only for the purpose
of delivering one-stop services and that further disclosure of the information
is prohibited under contract and is not subject to disclosure under RCW
42.17.310; and
(iv)
Be provided in English and an alternative language selected by the one-stop
center or job service center as appropriate for the community where the center
is located.
If
the notice is provided in-person, the individual who does not want private and
confidential information shared among the one-stop partners must immediately
advise the one-stop partner representative of that decision. The notice must
be provided to an individual who applies for services telephonically,
electronically, or by mail, in a suitable format and within a reasonable time
after applying for services, which shall be no later than ten working days from
the department's receipt of the application for services. A one-stop
representative must be available to answer specific questions regarding the
nature, extent, and purpose for which the information may be shared.
(12)
To facilitate improved operation and evaluation of state programs, the
commissioner may enter into data-sharing contracts with other state agencies
only to the extent that such transfer is necessary for the efficient operation
or evaluation of outcomes for those programs. The transfer of information by
contract under this subsection is exempt from subsection (1)(c) of this
section.
(13)
The misuse or unauthorized release of records or information by any person or
organization to which access is permitted by this chapter subjects the person
or organization to a civil penalty of five thousand dollars and other
applicable sanctions under state and federal law. Suit to enforce this section
shall be brought by the attorney general and the amount of any penalties
collected shall be paid into the employment security department administrative contingency
fund. The attorney general may recover reasonable attorneys' fees for any
action brought to enforce this section.
Sec.
3. RCW
42.17.310 and 1999 c 326 s 3, 1999 c 290 s 1, and 1999 c 215 s 1 are each
reenacted and amended to read as follows:
(1)
The following are exempt from public inspection and copying:
(a)
Personal information in any files maintained for students in public schools,
patients or clients of public institutions or public health agencies, or
welfare recipients.
(b)
Personal information in files maintained for employees, appointees, or elected
officials of any public agency to the extent that disclosure would violate
their right to privacy.
(c)
Information required of any taxpayer in connection with the assessment or
collection of any tax if the disclosure of the information to other persons
would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020,
or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in
unfair competitive disadvantage to the taxpayer.
(d)
Specific intelligence information and specific investigative records compiled
by investigative, law enforcement, and penology agencies, and state agencies
vested with the responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement or for the
protection of any person's right to privacy.
(e)
Information revealing the identity of persons who are witnesses to or victims
of crime or who file complaints with investigative, law enforcement, or
penology agencies, other than the public disclosure commission, if disclosure
would endanger any person's life, physical safety, or property. If at the time
a complaint is filed the complainant, victim or witness indicates a desire for
disclosure or nondisclosure, such desire shall govern. However, all complaints
filed with the public disclosure commission about any elected official or
candidate for public office must be made in writing and signed by the complainant
under oath.
(f)
Test questions, scoring keys, and other examination data used to administer a
license, employment, or academic examination.
(g)
Except as provided by chapter 8.26 RCW, the contents of real estate appraisals,
made for or by any agency relative to the acquisition or sale of property,
until the project or prospective sale is abandoned or until such time as all of
the property has been acquired or the property to which the sale appraisal
relates is sold, but in no event shall disclosure be denied for more than three
years after the appraisal.
(h)
Valuable formulae, designs, drawings, computer source code or object code, and
research data obtained by any agency within five years of the request for
disclosure when disclosure would produce private gain and public loss.
(i)
Preliminary drafts, notes, recommendations, and intra-agency memorandums in
which opinions are expressed or policies formulated or recommended except that
a specific record shall not be exempt when publicly cited by an agency in
connection with any agency action.
(j)
Records which are relevant to a controversy to which an agency is a party but
which records would not be available to another party under the rules of
pretrial discovery for causes pending in the superior courts.
(k)
Records, maps, or other information identifying the location of archaeological
sites in order to avoid the looting or depredation of such sites.
(l)
Any library record, the primary purpose of which is to maintain control of
library materials, or to gain access to information, which discloses or could
be used to disclose the identity of a library user.
(m)
Financial information supplied by or on behalf of a person, firm, or
corporation for the purpose of qualifying to submit a bid or proposal for (i) a
ferry system construction or repair contract as required by RCW 47.60.680
through 47.60.750 or (ii) highway construction or improvement as required by
RCW 47.28.070.
(n)
Railroad company contracts filed prior to July 28, 1991, with the utilities and
transportation commission under RCW 81.34.070, except that the summaries of the
contracts are open to public inspection and copying as otherwise provided by
this chapter.
(o)
Financial and commercial information and records supplied by private persons
pertaining to export services provided pursuant to chapter 43.163 RCW and
chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW
43.23.035.
(p)
Financial disclosures filed by private vocational schools under chapters 28B.85
and 28C.10 RCW.
(q)
Records filed with the utilities and transportation commission or attorney
general under RCW 80.04.095 that a court has determined are confidential under
RCW 80.04.095.
(r)
Financial and commercial information and records supplied by businesses or
individuals during application for loans or program services provided by
chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for
economic development loans or program services provided by any local agency.
(s)
Membership lists or lists of members or owners of interests of units in
timeshare projects, subdivisions, camping resorts, condominiums, land
developments, or common-interest communities affiliated with such projects,
regulated by the department of licensing, in the files or possession of the
department.
(t)
All applications for public employment, including the names of applicants,
resumes, and other related materials submitted with respect to an applicant.
(u)
The residential addresses and residential telephone numbers of employees or
volunteers of a public agency which are held by the agency in personnel
records, employment or volunteer rosters, or mailing lists of employees or
volunteers.
(v)
The residential addresses and residential telephone numbers of the customers of
a public utility contained in the records or lists held by the public utility
of which they are customers, except that this information may be released to
the division of child support or the agency or firm providing child support
enforcement for another state under Title IV-D of the federal social security
act, for the establishment, enforcement, or modification of a support order.
(w)(i)
The federal social security number of individuals governed under chapter 18.130
RCW maintained in the files of the department of health, except this exemption
does not apply to requests made directly to the department from federal, state,
and local agencies of government, and national and state licensing,
credentialing, investigatory, disciplinary, and examination organizations; (ii)
the current residential address and current residential telephone number of a
health care provider governed under chapter 18.130 RCW maintained in the files
of the department, if the provider requests that this information be withheld
from public inspection and copying, and provides to the department an accurate
alternate or business address and business telephone number. On or after
January 1, 1995, the current residential address and residential telephone
number of a health care provider governed under RCW ((18.130.140)) 18.130.040
maintained in the files of the department shall automatically be withheld from
public inspection and copying unless the provider specifically requests the
information be released, and except as provided for under RCW 42.17.260(9).
(x)
Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y)
Information obtained by the board of pharmacy or the department of health and
its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z)
Financial information, business plans, examination reports, and any information
produced or obtained in evaluating or examining a business and industrial
development corporation organized or seeking certification under chapter 31.24
RCW.
(aa)
Financial and commercial information supplied to the state investment board by
any person when the information relates to the investment of public trust or
retirement funds and when disclosure would result in loss to such funds or in
private loss to the providers of this information.
(bb)
Financial and valuable trade information under RCW 51.36.120.
(cc)
Client records maintained by an agency that is a domestic violence program as
defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in
RCW 70.125.030.
(dd)
Information that identifies a person who, while an agency employee: (i) Seeks
advice, under an informal process established by the employing agency, in order
to ascertain his or her rights in connection with a possible unfair practice
under chapter 49.60 RCW against the person; and (ii) requests his or her
identity or any identifying information not be disclosed.
(ee)
Investigative records compiled by an employing agency conducting a current
investigation of a possible unfair practice under chapter 49.60 RCW or of a
possible violation of other federal, state, or local laws prohibiting
discrimination in employment.
(ff)
Business related information protected from public inspection and copying under
RCW 15.86.110.
(gg)
Financial, commercial, operations, and technical and research information and
data submitted to or obtained by the clean Washington center in applications
for, or delivery of, program services under chapter 70.95H RCW.
(hh)
Information and documents created specifically for, and collected and
maintained by a quality improvement committee pursuant to RCW 43.70.510,
regardless of which agency is in possession of the information and documents.
(ii)
Personal information in files maintained in a data base created under RCW
43.07.360.
(jj)
Financial and commercial information requested by the public stadium authority
from any person or organization that leases or uses the stadium and exhibition
center as defined in RCW 36.102.010.
(kk)
Names of individuals residing in emergency or transitional housing that are
furnished to the department of revenue or a county assessor in order to
substantiate a claim for property tax exemption under RCW 84.36.043.
(ll)
The names, residential addresses, residential telephone numbers, and other
individually identifiable records held by an agency in relation to a vanpool,
carpool, or other ride-sharing program or service. However, these records may
be disclosed to other persons who apply for ride-matching services and who need
that information in order to identify potential riders or drivers with whom to
share rides.
(mm)
The personally identifying information of current or former participants or
applicants in a paratransit or other transit service operated for the benefit
of persons with disabilities or elderly persons.
(nn)
The personally identifying information of persons who acquire and use transit
passes and other fare payment media including, but not limited to, stored value
smart cards and magnetic strip cards, except that an agency may disclose this
information to a person, employer, educational institution, or other entity
that is responsible, in whole or in part, for payment of the cost of acquiring
or using a transit pass or other fare payment media, or to the news media when
reporting on public transportation or public safety. This information may also
be disclosed at the agency's discretion to governmental agencies or groups
concerned with public transportation or public safety.
(oo)
Proprietary financial and commercial information that the submitting entity,
with review by the department of health, specifically identifies at the time it
is submitted and that is provided to or obtained by the department of health in
connection with an application for, or the supervision of, an antitrust
exemption sought by the submitting entity under RCW 43.72.310. If a request
for such information is received, the submitting entity must be notified of the
request. Within ten business days of receipt of the notice, the submitting
entity shall provide a written statement of the continuing need for
confidentiality, which shall be provided to the requester. Upon receipt of
such notice, the department of health shall continue to treat information
designated under this section as exempt from disclosure. If the requester
initiates an action to compel disclosure under this chapter, the submitting
entity must be joined as a party to demonstrate the continuing need for
confidentiality.
(pp)
Records maintained by the board of industrial insurance appeals that are
related to appeals of crime victims' compensation claims filed with the board
under RCW 7.68.110.
(qq)
Financial and commercial information supplied by or on behalf of a person, firm,
corporation, or entity under chapter 28B.95 RCW relating to the purchase or
sale of tuition units and contracts for the purchase of multiple tuition units.
(rr)
Any records of investigative reports prepared by any state, county, municipal,
or other law enforcement agency pertaining to sex offenses contained in chapter
9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have
been transferred to the Washington association of sheriffs and police chiefs
for permanent electronic retention and retrieval pursuant to RCW
40.14.070(2)(b).
(ss)
Records maintained by the employment security department and subject to chapter
50.13 RCW if provided to another individual or organization for operational,
research, or evaluation purposes.
(tt)
Individually identifiable information received by the work force training and
education coordinating board for research or evaluation purposes.
(2)
Except for information described in subsection (1)(c)(i) of this section and
confidential income data exempted from public inspection pursuant to RCW
84.40.020, the exemptions of this section are inapplicable to the extent that
information, the disclosure of which would violate personal privacy or vital
governmental interests, can be deleted from the specific records sought. No
exemption may be construed to permit the nondisclosure of statistical
information not descriptive of any readily identifiable person or persons.
(3)
Inspection or copying of any specific records exempt under the provisions of
this section may be permitted if the superior court in the county in which the
record is maintained finds, after a hearing with notice thereof to every person
in interest and the agency, that the exemption of such records is clearly
unnecessary to protect any individual's right of privacy or any vital
governmental function.
(4)
Agency responses refusing, in whole or in part, inspection of any public record
shall include a statement of the specific exemption authorizing the withholding
of the record (or part) and a brief explanation of how the exemption applies to
the record withheld.
NEW
SECTION. Sec. 4. If
any part of this act is found to be in conflict with federal requirements that
are a prescribed condition to the allocation of federal funds to the state or
the eligibility of employers in this state for federal unemployment tax
credits, the conflicting part of this act is inoperative solely to the extent
of the conflict, and the finding or determination does not affect the operation
of the remainder of this act. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal funds by
the state or the granting of federal unemployment tax credits to employers in
this state.
NEW SECTION. Sec. 5. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
