Okla. Stat. tit. 40, § 40-4-508

INFORMATION TO BE KEPT CONFIDENTIAL - DISCLOSURE.

A. Except as otherwise provided by law, information obtained

from any employing unit or individual pursuant to the administration

of the Employment Security Act of 1980, any workforce system program

administered or monitored by the Oklahoma Employment Security

Commission, and determinations as to the benefit rights of any

individual shall be kept confidential and shall not be disclosed or

be open to public inspection in any manner revealing the

individual's or employing unit's identity. Any claimant, employer,

or agent of either as authorized in writing, shall be supplied with

information from the records of the Oklahoma Employment Security

Commission, to the extent necessary for the proper presentation of

the claim or complaint in any proceeding under the Employment

Security Act of 1980, with respect thereto.

B. Upon receipt of written request by any employer who

maintains a Supplemental Unemployment Benefit (SUB) Plan, the

Commission or its designated representative may release to that

employer information regarding weekly benefit amounts paid its

workers during a specified temporary layoff period, provided the

Supplemental Unemployment Benefit (SUB) Plan requires benefit

payment information before Supplemental Unemployment Benefits can be

paid to the workers. Any information disclosed under this provision

shall be utilized solely for the purpose outlined herein and shall

be held strictly confidential by the employer.

C. The provisions of this section shall not prevent the

Commission from disclosing the following information and no

liability whatsoever, civil or criminal, shall attach to any member

of the Commission or any employee thereof for any error or omission

in the disclosure of this information:

1. The delivery to taxpayer or claimant a copy of any report or

other paper filed by the taxpayer or claimant pursuant to the

Employment Security Act of 1980;

Oklahoma Statutes - Title 40. Labor Page 172

2. The disclosure of information to any person for a purpose as

authorized by the taxpayer or claimant pursuant to a waiver of

confidentiality. The waiver shall be in writing and shall be

notarized;

3. The Oklahoma Department of Commerce may have access to data

obtained pursuant to the Employment Security Act of 1980 pursuant to

rules promulgated by the Commission. The information obtained shall

be held confidential by the Department and any of its agents and

shall not be disclosed or be open to public inspection. The

Oklahoma Department of Commerce, however, may release aggregated

data, either by industry or county, provided that the aggregation

meets disclosure requirements of the Commission;

4. The publication of statistics so classified as to prevent

the identification of a particular report and the items thereof;

5. The disclosing of information or evidence to the Attorney

General or any district attorney when the information or evidence is

to be used by the officials or other parties to the proceedings to

prosecute or defend allegations of violations of the Employment

Security Act of 1980. The information disclosed to the Attorney

General or any district attorney shall be kept confidential by them

and not be disclosed except when presented to a court in a

prosecution of a violation of Section 1-101 et seq. of this title,

and a violation by the Attorney General or district attorney by

otherwise releasing the information shall be a felony;

6. The furnishing, at the discretion of the Commission, of any

information disclosed by the records or files to any official person

or body of this state, any other state or of the United States who

is concerned with the administration of assessment of any similar

tax in this state, any other state or the United States;

7. The furnishing of information to other state agencies for

the limited purpose of aiding in the collection of debts owed by
n, of any

information disclosed by the records or files to any official person

or body of this state, any other state or of the United States who

is concerned with the administration of assessment of any similar

tax in this state, any other state or the United States;

7. The furnishing of information to other state agencies for

the limited purpose of aiding in the collection of debts owed by

individuals to the requesting agencies or the Oklahoma Employment

Security Commission;

8. The release of information to employees of the Department of

Transportation required for use in federally mandated regional

transportation planning, which is performed as a part of its

official duties;

9. The release of information to employees of the State

Treasurer's office required to verify or evaluate the effectiveness

of the Oklahoma Small Business Linked Deposit Program on job

creation;

10. The release of information to employees of the Attorney

General, the Department of Labor, the Workers' Compensation

Commission and the Insurance Department for use in investigation of

workers' compensation fraud;

11. The release of information to employees of any state,

county, municipal or tribal law enforcement agency for use in

Oklahoma Statutes - Title 40. Labor Page 173

criminal investigations and the location of missing persons or

fugitives from justice;

12. The release of information to employees of the Center of

International Trade, Oklahoma State University, required for the

development of International Trade for employers doing business in

this state;

13. The release of information to employees of the Oklahoma

State Regents for Higher Education required for use in the default

prevention efforts and/or collection of defaulted student loans

guaranteed by the Oklahoma Guaranteed Student Loan Program. Any

information disclosed under this provision shall be utilized solely

for the purpose outlined herein and shall be held strictly

confidential by the Oklahoma State Regents for Higher Education;

14. The release of information to employees of the Oklahoma

Department of Career and Technology Education, the Oklahoma State

Regents for Higher Education, the Center for Economic and Management

Research of the University of Oklahoma, the Center for Economic and

Business Development at Southwestern Oklahoma State University or a

center of economic and business research or development at a

comprehensive or regional higher education institution within The

Oklahoma State System of Higher Education required to identify

economic trends or educational outcomes. The information obtained

shall be kept confidential by the Oklahoma Department of Career and

Technology Education, the Oklahoma State Regents for Higher

Education and the higher education institution and shall not be

disclosed or be open to public inspection. The Oklahoma Department

of Career and Technology Education, the Oklahoma State Regents for

Higher Education and the higher education institution may release

aggregated data, provided that the aggregation meets disclosure

requirements of the Commission;

15. The release of information to employees of the Office of

Management and Enterprise Services required to identify economic

trends. The information obtained shall be kept confidential by the

Office of Management and Enterprise Services and shall not be

disclosed or be open to public inspection. The Office of Management

and Enterprise Services may release aggregate data, provided that

the aggregation meets disclosure requirements of the Oklahoma

Employment Security Commission;

16. The release of information to employees of the Department

of Mental Health and Substance Abuse Services required to evaluate

the effectiveness of mental health and substance abuse treatment and

state or local programs utilized to divert persons from inpatient

treatment. The information obtained shall be kept confidential by
ure requirements of the Oklahoma

Employment Security Commission;

16. The release of information to employees of the Department

of Mental Health and Substance Abuse Services required to evaluate

the effectiveness of mental health and substance abuse treatment and

state or local programs utilized to divert persons from inpatient

treatment. The information obtained shall be kept confidential by

the Department and shall not be disclosed or be open to public

inspection. The Department of Mental Health and Substance Abuse

Services, however, may release aggregated data, either by treatment

facility, program or larger aggregate units, provided that the

Oklahoma Statutes - Title 40. Labor Page 174

aggregation meets disclosure requirements of the Oklahoma Employment

Security Commission;

17. The release of information to employees of the Attorney

General, the Oklahoma State Bureau of Investigation and the

Insurance Department for use in the investigation of insurance fraud

and health care fraud;

18. The release of information to employees of public housing

agencies for purposes of determining eligibility pursuant to 42

U.S.C., Section 503(i);

19. The release of wage and benefit claim information, at the

discretion of the Commission, to an agency of this state or its

political subdivisions that operate a program or activity designated

as a required partner in the Workforce Innovation and Opportunity

Act One-Stop delivery system pursuant to 29 U.S.C.A., Section

3151(b)(1), based on a showing of need made to the Commission and

after an agreement concerning the release of information is entered

into with the entity receiving the information. For the limited

purpose of completing performance accountability reports required by

the Workforce Innovation and Opportunity Act, only those designated

required partners that meet the 20 CFR Section 603.2(d) definition

of public official may contract with a private agent or contractor

pursuant to 20 CFR Section 603.5(f) for the purpose of the private

agent or contractor receiving confidential unemployment compensation

information to the extent necessary to complete the performance

accountability reports;

20. The release of information to the State Wage Interchange

System, at the discretion of the Commission;

21. The release of information to the Bureau of the Census of

the U.S. Department of Commerce, the Bureau of Labor Statistics of

the U.S. Department of Labor, and its agents employed by the

Oklahoma Department of Labor for the purpose of economic and

statistical research;

22. The release of employer tax information and benefit claim

information to the Oklahoma Health Care Authority for use in

determining eligibility for a program that will provide subsidies

for health insurance premiums for qualified employers, employees,

self-employed persons and unemployed persons;

23. The release of employer tax information and benefit claim

information to the State Department of Rehabilitation Services for

use in assessing results and outcomes of clients served;

24. The release of information to any state or federal law

enforcement authority when necessary in the investigation of any

crime in which the Commission is a victim. Information that is

confidential under this section shall be held confidential by the

law enforcement authority unless and until it is required for use in

court in the prosecution of a defendant in a criminal prosecution;

Oklahoma Statutes - Title 40. Labor Page 175

25. The release of information to vendors that contract with

the Oklahoma Employment Security Commission to provide for the

issuance of debit cards, to conduct electronic fund transfers, to

perform computer programming operations, or to perform computer

maintenance or replacement operations; provided the vendor agrees to

protect and safeguard the information it receives and to destroy the

information when no longer needed for the purposes set out in the
he Oklahoma Employment Security Commission to provide for the

issuance of debit cards, to conduct electronic fund transfers, to

perform computer programming operations, or to perform computer

maintenance or replacement operations; provided the vendor agrees to

protect and safeguard the information it receives and to destroy the

information when no longer needed for the purposes set out in the

contract;

26. The release of information to employees of the Office of

Juvenile Affairs for use in assessing results and outcomes of

clients served as well as the effectiveness of state and local

juvenile and justice programs including prevention and treatment

programs. The information obtained shall be kept confidential by

the Office of Juvenile Affairs and shall not be disclosed or be open

to public inspection. The Office of Juvenile Affairs may release

aggregated data for programs or larger aggregate units, provided

that the aggregation meets disclosure requirements of the Oklahoma

Employment Security Commission;

27. The release of information to vendors that contract with

the State of Oklahoma for the purpose of providing a public

electronic labor exchange system that will support the Oklahoma

Employment Security Commission's operation of an employment service

system to connect employers with job seekers and military veterans.

This labor exchange system would enhance the stability and security

of Oklahoma's economy as well as support the provision of veterans'

priority of service. The vendors may perform computer programming

operations, perform computer maintenance or replacement operations,

or host the electronic solution; provided, each vendor agrees to

protect and safeguard all information received, that no information

shall be disclosed to any third party, that the use of the

information shall be restricted to the scope of the contract, and

that the vendor shall properly dispose of all information when no

longer needed for the purposes set out in the contract; or

28. The release of employer tax information and benefit claim

information to employees of a county public defender's office in

this state and the Oklahoma Indigent Defense System for the purpose

of determining financial eligibility for the services provided by

such entities.

D. Subpoenas to compel disclosure of information made

confidential by this statute shall not be valid, except for

administrative subpoenas issued by federal, state, or local

governmental agencies that have been granted subpoena power by

statute or ordinance. Confidential information maintained by the

Commission can be obtained by order of a court of record that

authorizes the release of the records in writing. All

administrative subpoenas or court orders for production of documents

must provide a minimum of twenty (20) days from the date it is

Oklahoma Statutes - Title 40. Labor Page 176

served for the Commission to produce the documents. If the date on

which production of the documents is required is less than twenty

(20) days from the date of service, the subpoena or order shall be

considered void on its face as an undue burden or hardship on the

Commission. All administrative subpoenas, court orders or notarized

waivers of confidentiality authorized by paragraph 2 of subsection C

of this section shall be presented with a request for records within

ninety (90) days of the date the document is issued or signed, and

the document can only be used one time to obtain records.

E. Should any of the disclosures provided for in this section

require more than casual or incidental staff time, the Commission

shall charge the cost of the staff time to the party requesting the

information.

F. It is further provided that the provisions of this section

shall be strictly interpreted and shall not be construed as

permitting the disclosure of any other information contained in the

records and files of the Commission.