Sec. 6. (a) Each employing unit shall keep true and accurate records containing information the department considers necessary. These records are:

(1) open to inspection; and

(2) subject to being copied;

by an authorized representative of the department at any reasonable time and as often as may be necessary. The department, the review board, or an administrative law judge may require from any employing unit any verified or unverified report, with respect to persons employed by it, which is considered necessary for the effective administration of this article.

     (b) Except as provided in this section, information obtained or obtained from any person in the administration of this article and the records of the department relating to the unemployment tax or the payment of benefits is confidential and may not be published or be open to public inspection in any manner revealing the individual’s or the employing unit’s identity, except in obedience to an order of a court or as provided in this section.

     (c) A claimant or an employer at a hearing before an administrative law judge or the review board shall be supplied with information from the records referred to in this section to the extent necessary for the proper presentation of the subject matter of the appearance.

     (d) The department may release the following information:

(1) Summary statistical data may be released to the public.

(2) Employer specific information known as Quarterly Census of Employment and Wages data and data resulting from enhancements made through the business establishment list improvement project may be released to the Indiana economic development corporation only for the following purposes:

(A) The purpose of conducting a survey.

(B) The purpose of aiding the officers or employees of the Indiana economic development corporation in providing economic development assistance through program development, research, or other methods.

(C) Other purposes consistent with the goals of the Indiana economic development corporation and not inconsistent with those of the department, including the purposes of IC 5-28-6-7.

(3) Employer specific information known as Quarterly Census of Employment and Wages data and data resulting from enhancements made through the business establishment list improvement project may be released to:

(A) the budget agency and the legislative services agency only for aiding the employees of the budget agency or the legislative services agency in forecasting tax revenues; and

(B) the Indiana department of labor for the purpose of conducting a survey and reporting to the United States Department of Labor or the federal Bureau of Labor Statistics.

     (e) The department may make information available under subsection (d) only:

(1) if:

(A) under subsection (d)(1), data provided in summary form cannot be used to identify information relating to a specific employer or specific employee; or

(B) under subsection (d)(2) and (d)(3), there is an agreement that the employer specific information released will be treated as confidential and will be released only in summary form that cannot be used to identify information relating to a specific employer or a specific employee; and

(2) after the cost of making the information available to the person requesting the information is paid under IC 5-14-3.

     (f) The department may disclose confidential information:

(1) to an individual or employer as provided in 20 C.F.R. § 603.5(c), upon request and proper identification of the individual or employer;

(2) through informed consent of a party as provided in 20 C.F.R. § 603.5(d);

(3) to a public official as provided in 20 C.F.R. § 603.5(e);

(4) to an agent or contractor of a public official as provided in 20 C.F.R. § 603.5(f); or

(5) to the Bureau of Labor Statistics as provided in 20 C.F.R. § 603.5(g);

after the cost of making the information available to the party requesting the information is paid under IC 5-14-3.

     (g) In addition to the confidentiality provisions of subsection (b), the fact that a claim has been made under IC 22-4-15-1(c)(8) and any information furnished by the claimant or an agent to the department to verify a claim of domestic or family violence are confidential. Information concerning the claimant’s current address or physical location shall not be disclosed to the employer or any other person. Disclosure is subject to the following additional restrictions:

(1) The claimant must be notified before any release of information.

(2) Any disclosure is subject to redaction of unnecessary identifying information, including the claimant’s address.

     (h) An employee:

(1) of the department who recklessly violates subsection (a), (c), (d), (e), (f), or (g); or

(2) of any governmental entity listed in subsection (f) who recklessly violates subsection (f);

commits a Class B misdemeanor.

     (i) An employee of the Indiana economic development corporation, the budget agency, or the legislative services agency who violates subsection (d), (e), or (f) commits a Class B misdemeanor.

     (j) An employer or agent of an employer that becomes aware that a claim has been made under IC 22-4-15-1(c)(8) shall maintain that information as confidential.

     (k) The department may charge a reasonable processing fee not to exceed two dollars ($2) for each record that provides information about an individual’s last known employer released in compliance with a court order under subsection (b).

Formerly: Acts 1947, c.208, s.2006. As amended by Acts 1978, P.L.2, SEC.2217; P.L.17-1984, SEC.6; P.L.18-1987, SEC.57; P.L.135-1990, SEC.17; P.L.110-1992, SEC.1; P.L.21-1995, SEC.97; P.L.235-1999, SEC.11; P.L.290-2001, SEC.15; P.L.189-2003, SEC.8; P.L.4-2005, SEC.131; P.L.108-2006, SEC.39; P.L.175-2009, SEC.33; P.L.182-2009(ss), SEC.367; P.L.110-2010, SEC.33; P.L.177-2017, SEC.2; P.L.122-2019, SEC.32.