La. Admin. Code tit. 40 § IV-353
Current through Register Vol. 50, No. 8, August 20, 2024
Section IV-353 - Disclosure of Information Pursuant to R.S. 23:905A.R.S. 23:905 governs the agency's sharing Louisiana workers' employer and wage information (hereinafter shared information) with third-party vendors that facilitate the obtaining of such information by third parties under circumstances where such sharing is permitted by 20 CFR part 603 and not otherwise prohibited by law. A third-party vendor is a person or entity that facilitates the obtaining of shared information as an authorized agent of another person or entity to whom the release of the shared information is permitted by law and by 20 CFR part 603. However, this rule shall not apply to or restrict the sharing of such information, to the extent permitted by law and 20 CFR part 603, directly to the individual or the individual's attorney.B. All sharing of data pursuant to R.S. 23:905 shall comply with 20 CFR part 603 and any other federal requirements or formal guidance governing such data sharing, including but not by way of limitation the requirement that the terms and conditions of such data sharing arrangements be prescribed in a data-sharing agreement. The agency shall require third party vendors to sign agreements with the agency establishing specific terms and conditions determined by the agency, in its sole discretion, to be necessary and appropriate to the particular data sharing arrangement with the third-party vendor.C. Before providing any shared information to a third-party vendor, the agency shall require from the third-party vendor and/or the person or entity on whose behalf the third-party vendor requests shared information (the client) documentation sufficient to verify the third-party vendor's representation of the client. The agency's costs in establishing any such data sharing arrangement shall be paid to the agency as a condition precedent to the implementation of any information sharing arrangement under R.S. 23:905.D. A release consenting to the disclosure that meets the requirements of 20 CFR Part 603 and signed by each person whose information is requested shall be provided to the agency before any data about that person is shared pursuant to this rule, and the agency's cost in providing said information shall be paid to the agency before the requested information is provided to the third-party vendor. The agency may accept a release that is effectuated electronically to the extent permitted by United States Department of Labor unemployment insurance program letter No. 19-12, or any other subsequent official guidance or requirements promulgated by the United States Department of Labor.E. Third-party vendors shall reimburse the agency for all costs the agency incurs in defending or resisting subpoenas or other legal demands made upon the third-party vendor or their customers seeking the release of information shared pursuant to R.S. 23:905.F. The purposes for which shared information may be provided to third-party vendors are limited to lending purposes, tenant screening and insurance underwriting, and such sharing is permitted only if the purpose specified in the release provides a service or benefit the individual expects to receive as a result of signing the release. The use of shared information for marketing or any other purposes is prohibited.G. As required by 20 CFR Part 603, the agency must conduct, and third-party vendors and their clients must permit, random on-site visits by agency auditors of their compliance with the requirements governing their access to, redisclosure of, and retention and disposal of shared information.La. Admin. Code tit. 40, § IV-353
Promulgated by the Department of Labor, Office of Employment Security, LR 15:494 (June 1989), amended by the Department of Employment and Training, Office of Employment Security, LR 17:46 (January 1991), amended by the Workforce Commission, Office of Unemployment Insurance, LR 39:2314 (August 2013).AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1471-1713.