Current through August, 2024
(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 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.
