N.J. Admin. Code § 12:15-2.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 12:15-2.2 - Authorized disclosure of information

(a) Disclosure of any information in the course of administering the New Jersey Unemployment Compensation and Temporary Disability Benefits Laws may be authorized in the following cases for the following purposes:

1. To individual applicants and employers to the extent necessary for the efficient performance of recruitment, placement, employment counseling, and other employment service functions.

2. To any properly identified claimant for benefits or payments under an unemployment compensation or trade readjustment allowance law of the Federal government, or of a state or territorial government, or of a foreign government with which reciprocal arrangements have been made, or to his or her duly authorized representative, information which directly concerns the claimant and is reasonably necessary for the proper presentation of his or her claim;

i. Requests for claim-related information received directly from a claimant or employers who are parties to a claim, in writing, in person or by telephone are to be honored once the identity of the claimant or employer has been verified and provided that the intended use of such information does not conflict with the provisions of 43:21-11(g).

ii. Telephone, informal, or written requests from an attorney or other individual who states that he or she is the claimant's representative are not to be honored unless the claimant provides the Department with a signed and dated authorization for the release of the specified information;

3. To claimants, employers, and the public, disclosure of the names, geographic location and standard industrial classification (SIC) or North American Industry Classification (NAIC) of employers except where the disclosure of physical location may jeopardize the health and/or safety of an employer, its workforce or its clients. Such release shall not include number of employees, employment rank, employment size class, wages, taxes, client information or any other data identifiable to individual employers, to more than one employer with the same trade name, or to employees;

4. To officers or employees of any agency of the Federal government or any state, territorial or local government (or officers or employees of a foreign government agency with which reciprocal arrangements have been made and which is lawfully charged with the administration of an unemployment compensation or trade readjustment allowance law) if such disclosures will not impede the operation of, and are not inconsistent with, the purposes of the New Jersey Unemployment Compensation and Temporary Disability Benefits Laws.

i. Requests by law enforcement agents for the release of Departmental information shall be made in writing, and the identity of the requester shall be verified prior to the release of information by the showing of a badge, warrant, written and signed request on agency letterhead, or some other similar indication of official purpose.

(1) Information which may be released includes the claimant's name, current address, current or most recent employer, and the next scheduled reporting date; and

(2) A request for surveillance or photography in connection with an investigation must be approved in writing by the Director of the Division of Unemployment Insurance or the Director of Temporary Disability Insurance as appropriate.

ii. Public officials shall establish that the information requested is to be used in furtherance of their public duties and shall certify in writing that the confidentiality of the disclosed information shall be maintained.

(1) Telephone inquiries from public officials may be answered verbally, provided that the identity of the caller can be verified; and

(2) Written requests by public officials on official letterhead shall be honored, provided that the information shall be used in furtherance of their public duty or provided that the claimant has requested that the information be released.

iii. Information may be disclosed to third parties under contract to public agencies if the disclosure of such information is for the sole purpose of assisting officials in the furtherance of their public duties. Both the third party and the public agency official must certify in writing that the disclosed information will be used only for this purpose and that the confidentiality of the disclosed information will be maintained as mandated by State and/or Federal law.

5. To officers or administrators of public or private organizations such as colleges, universities, or foundations to perform research or engage in public service activities, which can be expected to benefit the residents of New Jersey by improving or promoting their health, safety, economic or social well-being, provided that the benefit of such research or public service activity to New Jersey residents is certified in writing by the administrator of the New Jersey municipal, county or State executive agency, or his or her designated representative, and provided that such disclosure shall not impede the operation of, and is not inconsistent with, the purposes of the New Jersey Unemployment Compensation and Temporary Disability Benefits Laws, and provided that the officer or administrator of the agency engaged in research or other public service activities certifies in writing that the confidentiality of the disclosed information shall be maintained and provided that the agency agrees to share the results of any research based on the disclosed information with the Department of Labor and Workforce Development upon request.

(b) Individuals may be assessed reasonable administrative costs for the copying of records and any other costs for obtaining the information requested in accordance with the New Jersey Right-to-Know Law, N.J.S.A. 47:1A-2.

N.J. Admin. Code § 12:15-2.2

Amended by R.1998 d.547, effective 11/16/1998.
See: 30 N.J.R. 3152(a), 30 N.J.R. 4052(b).
In (a), rewrote 3, 4iii and 5.
Amended by R.2006 d.2, effective 1/3/2006.
See: 37 N.J.R. 2295(a), 38 N.J.R. 333(b).
In (a)5, added "and Workforce Development."