New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 15 - SCOPE
Subchapter 2 - DISCLOSURE OF INFORMATION
Section 12:15-2.2 - Authorized disclosure of information
Universal Citation: NJ Admin Code 12:15-2.2
Current through Register Vol. 56, No. 18, September 16, 2024
(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.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
