Or. Admin. Code § 471-010-0105

Current through Register Vol. 63, No. 12, December 1, 2024

Section 471-010-0105 - General Disclosures

(1) The department is authorized to disclose confidential information or records to non-governmental entities if the non-governmental entity enters into a written disclosure agreement with the department that:

(a) Requires the non-governmental entity to obtain a written release from the individual or business to whom the information pertains, containing the following:

(A) A statement specifically identifying the information that is to be disclosed;

(B) Notice that state government files will be accessed to obtain the information;

(C) A statement identifying the specific purposes for which the information is sought, which must be limited to providing a service or benefit to the individual or business signing the release or carrying out administration or evaluation of a public program;

(D) A statement that information obtained under the release will only be used for that purpose or purposes; and

(E) A statement identifying all the parties who may receive the information;

(b) Requires the non-governmental entity to safeguard the information once in the hands of the non-governmental entity; and

(c) Requires the non-governmental entity to pay all costs associated with the disclosure.

(2) Unless otherwise authorized by these rules, the department is authorized to disclose confidential information or records to a customer or business only under the following provisions:

(a) The Oregon Employment Department staff is sure that the information was provided by the customer or business, or was previously provided to the customer or business; or

(b) For Oregon Employment Department wage records, the wage records are identified under the name, social security number or account number of the customer.

(3) The department is authorized to disclose confidential information or records to a third party or agent based on the informed consent of a customer or business if:

(a) The department receives a written release signed and dated by the customer or business that specifically states the information that may be disclosed and contains the information required by subsection (1)(a)(i)-(v) of this rule;

(b) The written release is witnessed or verified by a department staff person, or notarized; and

(c) The third party or agent presenting the request is the same party authorized to receive the information.

(d) The department will disclose only information that may be provided directly to the customer or business consenting to the disclosure.

(4) The department is authorized to disclose confidential information or records regarding a customer or business to the attorney for a customer or business pursuant to an informed consent from the customer or business that contains the information required in subsection (2) of this rule.

(a) If the attorney has been retained for purposes related to ORS Chapter 657 and the attorney asserts that he or she represents the customer or business, a written release that complies with subsection (2) of this rule is not required.

(b) The department will disclose only information that may be provided directly to the customer or business consenting to the disclosure.

(5) The department is authorized to disclose confidential information or records to a legislator or other elected official, or his or her staff, pursuant to an informed consent from a customer or business.

(a) A written release that complies with subsection (2) of this rule is not required if the department receives a copy of the letter written by the customer or business to the legislator or other elected official requesting the assistance of the elected official.

(b) If no letter is available, Oregon Employment Department staff will provide customer or business information only after receiving reasonable evidence from the legislator or other elected official, or his or her staff, that the customer or business authorized the disclosure.

(c) The department will disclose only information that may be provided directly to the customer or business consenting to the disclosure.

(6) Department staff must comply with Oregon child abuse reporting laws under ORS Chapter 419B.010, elderly abuse reporting laws under Chapter 124.060, and patient abuse reporting laws under 677.190.

(7) Drug or alcohol abuse information or records received from federally funded treatment programs, facilities or activities may not be used or redisclosed by the department without the written consent of the patient or a court order and subpoena that comply with the requirements in 42 USC Sec. 290dd-2 and 42 CFR Part 2.

Or. Admin. Code § 471-010-0105

ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08; ED 7-2008, f. 5-20-08, cert. ef. 7-1-08

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.665