STATE OF WASHINGTON 
EMPLOYMENT SECURITY DEPARTMENT 
WORKFORCE INVESTMENT ACT
POLICIES AND PROCEDURES
NUMBER:  4013
DATE:  09-17-04 (Revised)

This document has been formatted for use on this web site. It contains hyperlinks that enable the user to jump directly to specific areas within the document or to related documents. The information and guidance it contains is new. There are definitions for terms that may be unfamiliar. This communication applies to ESD staff, as well as staff of WorkSource partner agencies or organizations who have signed Memorandum of Understanding (MOU) with the local Workforce Development Council (WDC) or who provide Workforce Investment Act (WIA) services under contract with a WDC or ESD and who have signed data sharing agreement with ESD. 

BACKGROUND | POLICY | PROCEDURES | DEFINITIONS | REFERENCES
SUPERSEDES | WEB SITE | DIRECT INQUIRIES TO

SUBJECT:  Data Sharing

ORIGINATOR:  WIA Title III (Wagner-Peyser) (Labor Exchange Unit)

BACKGROUND

The Employment Security Department (ESD) requested the 56th Washington State Legislature, 2000 Regular Session, to consider an act relating to the transfer of data for operational, evaluation, and research purposes; reenacting and amending RCW 50.13.060 and 42.17.310; creating new sections; and prescribing penalties. 

In RCW 50.13.060 (11a) the legislature found that individuals in need of employment and any related services would be better served by integrating workforce development services to form a comprehensive network of state and local programs. The Legislature further found that current restrictions on information exchange hamper coordination, resulting in increased administrative costs, reduced levels of service, and fewer positive outcomes than could otherwise be achieved.

POLICY

It is the policy of the Employment Security Department (ESD) to share job seeker information with WorkSource partners through the use of data-sharing agreements (contracts). Such agreements (contracts) provide for access to client data only to the extent that it is necessary for the efficient provisions of workforce programs, including but not limited to the public Labor Exchange, Unemployment Insurance (UI), worker training and retraining, vocational rehabilitation, vocational education, adult education, transition from public assistance, and support services.

It is also the policy of ESD to allow individual job seekers the option of not having their private and confidential information shared with the WorkSource partners. All such requests are fully honored and in no way affect a job seeker's eligibility for services.

Finally, ESD Policy 0030 requires every workforce development council and service delivery site to have procedures in place regarding how to serve those job seekers opting not to share their data with WorkSource partners. Since ESD staff are the only ones authorized to change the opt out status based on a job seeker's request, the local partnerships are strongly encouraged to develop mutually agreed upon policies and processes that conform the RCW 50.13 when the job seeker subsequently requests to share his/her information in SKIES.

The Services, Knowledge, Information, Exchange, System (SKIES) is the WorkSource case management, accountability and reporting system. It allows job seeker records to be suppressed for those who have chosen not to have their information shared that is those who opt out.  Those records are only viewable by authorized ESD staff.  Types of services and outcomes are counted or available to extract.  SKIES allows job seeker records to be viewable only by ESD staff for those who have opted out.

This policy is consistent with Policies and Procedures communication number 4014, Public Records Privacy Protections.

PROCEDURES

Data Sharing Agreements | Restrictions on Data Sharing | Unauthorized Release of Information
Data Sharing Notification and Notices  

Data Sharing Agreements

RCW 50.13.060 (11a) requires a prompt and efficient exchange of information about job seekers among service providers who are partners in WorkSource.  This data sharing is designed to assist job seekers with their job search and training efforts. In addition, the efficient operation of state programs and their evaluation often require access to information held by ESD. 

This data sharing is accomplished through the use of data-sharing agreements (contracts) with partners of the WorkSource system (see Policy Statement).

All entities and all individuals who share or gain access to private and confidential information through such agreements (contracts) are required to sign a SKIES Notice of Nondisclosure.

Restrictions on Data Sharing

The information provided to the WorkSource partners is only used for the purpose of providing workforce development related services. WorkSource partners are prohibited from using or disclosing this information for any other reason. Furthermore, this information is not subject to disclosure under the Public Records Act RCW 42.17.310.  Additional information can be found at http://search.leg.wa.gov/pub/textsearch/default.asp.

Unauthorized Release of Information

The misuse or unauthorized release of records or information by any person or organization to which access is permitted subjects such person or organization to a civil penalty of five thousand dollars and other applicable sanctions under state and federal law. Suit to enforce this section is brought by the Washington State Attorney General and the amount of any penalties collected is paid into ESD's administrative contingency fund. The Attorney General may recover reasonable attorneys' fees for any action brought to enforce this provision (see RCW 50.13.060)

Data Sharing Notification and Notices

WorkSource | Unemployment Insurance | Opting Back In |
People Protected Under An Anti-Harassment Court Order

Data Sharing Notices advise job seekers that they may request that their private and confidential information not be shared among the WorkSource partners. In addition, the notice:

(a) advises job seekers that if they request that private and confidential information not be shared     among the WorkSource partners, such a request in no way affect their eligibility for services;
(b) describes the nature of the information to be shared, the general use of the information by WorkSource partner staff, and among whom the information is shared;
(c) informs job seekers that shared information is used only for the purpose of delivering services and that further disclosure of the information is prohibited unless otherwise required by state or federal law  and
(d) are provided in English and an alternative language selected by the local service delivery site as appropriate for the community in which the site is located.

Data sharing notification varies depending on the circumstances (program or method of contact).

  1. WorkSource

All job seekers who request WorkSource services in-person are provided a verbal notification indicating that their private and confidential information is shared automatically among WorkSource system partners in order to facilitate the delivery of services.  They are given the opportunity to not have their data shared (opt Out), in which case only ESD staff can have access to the information.

When job seekers advise ESD point-of-service staff that they do not want their private and confidential information shared among the WorkSource partners, the ESD Shared Information field in SKIES is changed to "No", so that only ESD staff have access to their records.

When job seekers ask ESD not to share information about them with the WorkSource partners, they are still eligible for services. However, they will need to re-register (complete an application for service) any time they request partner services.

Job seekers who apply for services telephone, mail, e-mail, or fax are mailed a data sharing notice within a reasonable time after applying for services, which is no later than ten working days from receipt of the application for service.

Job seekers who request a referral to a SKIES job order at Go2WorkSource.com are able to view an on-line version of the data sharing notice by clicking on a clearly identified link. This link is included on both the web site home page and on the WorkSource Résumé Center page where personal information is requested.

Job seekers applying for SKIES job orders through the Go2WorkSource.com, but opting out of sharing to share their ESD data are advised to send or hand deliver their résumés directly to a local service delivery site rather than registering in the on-line WorkSource Résumé Center. They are also advised to inform ESD point-of-service staff that they do not want their information shared. Staff responding to such a request may assume that the job seeker has read the on-line version of the data sharing notice and it is not necessary to provide notification again.

  1. Unemployment Insurance

When claimants file for Unemployment Insurance (UI), a Job Seeker Record is automatically sent to SKIES. The information in SKIES is then available to all WorkSource partners who have data sharing agreements in place.

A data sharing notice is also automatically mailed to the claimant at this time, including a form to sign and return if he/she does not want to have his/her information shared. The notice is included with the Statement of Wages and Hours (Monetary Determination). The Job Seeker Record remains registered in SKIES unless and until the form indicating that the individual chooses to opt out of data sharing is returned (by mail or fax) to the Employment and Training Division at:

Employment Security Department
Employment and Training Division
P.O. Box 9046, Mail Stop 6000
Olympia , WA 98507-9046
Fax:  (360) 438-3173

Upon receipt of the data sharing notice, ESD staff change the ESD Shared Information indicator to "No". If the SKIES record indicates that the claimant is being served by a partner agency, the case manager is notified that the record will no longer be accessible, except by ESD staff.  See section entitled "Suppressing Job Seeker Record in SKIES"  for more detailed information.  If the claimant later decides to opt in, an ESD staff person will change the "ESD Shared Information" indicator to "Yes".  The ESD staff person will document that information in the case notes of the SKIES seeker record.  See section entitled "Opting Back In" for more detailed information.

If claimants have questions about how data is shared with WorkSource partners or how the information is used, RCW 42.17.310 requires that they be directed to the local service delivery site (WorkSource or Job Service Center) for answers.

See UI Circular 08-00, Data Sharing, for additional information. UI's Data Sharing Notice is provided in Attachment B. The notice is currently available in English and Spanish and will be available in other languages upon request.

UI also has a one page information sheet in their Unemployment Claims Kit entitled  "We Share Limited Information about You. It provides additional information about data sharing and the Privacy Act. The information applies to all job seekers and not just UI claimants.

Suppressing Job Seeker Records in SKIES

Job seeker records are suppressed for those job seekers opting not to share their ESD data. When the opt-out request is received by ESD staff, the "ESD Shared Information" indicator on the general tab of the job seeker record will be changed to "No". When and if the job seeker decides at a later time to "opt back in", ESD staff working with the job seeker may change the indicator back to "Yes".

Opting Back In

If a job seeker subsequently decides that he/she wants to share his/her data with WorkSource partners, specific procedures must be followed. The "ESD Shared Information" must be changed from "No" to "Yes" and must be documented in the seeker notes section of SKIES. Prior to making this change, ESD staff must:

    1. Verify identity of the requesting individual;
    2. Document that the Job Seeker requested to opt back in, the method of customer contact, the date the data share option is being changed and the name of the staff person who verified the customer’s identity in the seeker notes section of the SKIES seeker record;
    3. change the "ESD Shared Information" indicator to "yes.

      Policy for areas where a non-ESD partner is not co-located with ESD WorkSource staff:       (Example: Sandy Seeker is a dislocated homemaker, has no transportation and is working with his/her case manager in a partnership location not physically located with a WorkSource Center. Sandy wants the case manager to have access to her/his information in SKIES.)

      The case manager needs to:

      a) verify the identity of the requesting individual; and,

      b) contact an authorized ESD staff member and request a change to the "ESD Shared Information" indicator in SKIES and provide documentation in the seeker notes as described above.

      The ESD staff member will change the data share option to "Yes" and input the date the data share option is changed, and the name of the partner staff who verified the customer’s identity, into the "seeker notes section of SKIES."

      Each local area will determine which ESD staff can be delegated to change the data share option in SKIES, in stances where non-ESD partner staff are working with a customer who requests to share his/her data.

People Protected Under an Anti-Harassment Court Order

There is state legislation that provides for UI eligibility for victims of domestic violence. It also provides that personal data will not be shared outside of ESD for individuals protected under  anti-harassment court orders. However, RCW 50.20.230 also requires that claimants be registered in an electronic labor exchange system and be actively engaged in job search activities, unless otherwise exempted.

UI TeleCenter staff ask claimants if they have an anti-harassment order for their protection. If so, those individuals cannot have their personal information shared with individuals outside ESD unless they specifically request to share that information per WAC 192-180-005(d). The GUIDE system will pass this information to SKIES Administration staff, who will change the "ESD Shared Information" indicator in SKIES to "No".

 If a staff person contacts an individual who has opted out to ask if he/she wishes to opt back in it is not appropriate to ask if the individual is protected under an anti-harassment court order.

If a court order protected job seeker subsequently decides he/she wants to share his/her data with WorkSource partners, the procedures under the section entitled Opting Back In must be followed.

  DEFINITIONS

Data Sharing Agreements | Data Sharing Notices | Data Sharing Notification

  1. Data Sharing Agreements - Contracts with partners of the WorkSource system that provide for the transfer of job seeker data only to the extent that the transfer is necessary for the efficient provisions of work force development programs, including but not limited to the public Labor Exchange, Unemployment Insurance (UI) , worker training and retraining, vocational rehabilitation, vocational education, adult education, transition from public assistance, and support services.
       

  2. Data Sharing Notices - Written or electronic notices that: (1) describe the nature of the information to be shared, the general use of the information by WorkSource partner staff, and among whom the information is shared; (2) inform job seekers that shared information is used only for the purpose of delivering services and that further disclosure of the information is prohibited under contract; (3) advise job seekers that they may request that private and confidential information not be shared among the WorkSource partners; and (4) advise job seekers that if they request that private and confidential information not be shared among the WorkSource partners, such a request in no way affects their eligibility for services.
       

  3. Data Sharing Notification - The verbal, written, and/or electronic process by which job seekers are informed that: (1) their information is shared with WorkSource partner staff, the nature of the information to be shared, and the general use of the information by WorkSource partner staff; (2) shared information is used only for the purpose of delivering services and that further disclosure of the information is prohibited under contract; and (3) that they may request that private and confidential information not be shared among the WorkSource partners; and (4) that if they request that private and confidential information not be shared among the WorkSource partners, such a request in no way affects their eligibility for services.

REFERENCES

RCW 50.13.060
RCW 42.17.310

SUPERSEDES

Policies and Procedures 4013 Dated 01-12-01

WEB SITES

http://www.wa.gov/esd/policies

http://www.wa.gov/esd/skies/ 

DIRECT INQUIRIES TO

Marie Brillante, Director, Employment Services Branch
Employment Security Department
WorkSource Operations Division
P.O. Box 9046, Mail Stop 6000
Olympia , WA 98507-9046
E-Mail: mbrillante@esd.wa.gov 
Telephone:  (360) 438-4020
Fax:  (360) 438-4014
TTY:  (360) 438-3167 (temporarily)

 

Included in Unemployment Claims Kit

Data Sharing Notice

The information you give us is confidential. We will share it with our WorkSource partners, but only to give you additional employment and training services. WorkSource partners typically include community colleges, the Department of Social and Health Services (DSHS), the Division of Vocational Rehabilitation, and community service organizations. Partners will work with the Employment Security Department to give you more resources to find work, change careers, or get training you need to find a job. The information we will share includes the personal information you give us, such as your name, address, Social Security Number, education, and work history.

Our WorkSource partners are not allowed to give this information to anyone. It can't be given out under the Public Records Act (RCW 42.17.310).

You may ask us not to share your information with WorkSource partners. We will grant your request and you will still be eligible for services at your local employment center. Not sharing information means you will have to fill out another application when you want assistance from our partners in finding a job or getting information about training opportunities. Sharing information with WorkSource partners means you will have access to more services that are easier to receive if we share this data. If you don't want to share your information with our WorkSource partners, please fill out the information below. Fax this form to (360) 438-3173 or send this form to:

Washington State Employment Security Department
E & T Division
Systems Administration
P.O. Box 9046
Olympia, WA 98507-9046

 

_______________________ _______________________ ___________
                 Name                           Social Security number                   Date     

If you have any questions about this notice, please contact your local employment center.

We will still share your information when state or federal law requires it.

If you need to send information for your unemployment benefits, use the address provided below. Otherwise, it may delay processing your claim.
King County TeleCenter
P.O. Box 47076
Seattle, WA 98146-7076 		Pierce County TeleCenter
P.O. Box 112601
Tacoma, WA 98411-2601  

Spokane TeleCenter
P.O. Box 14857
Spokane, WA 99214-0857

______________________________________________________________

We share limited information about you

We must give information about your claim to your last employer or other employers you worked for in your base year, if they request it. We can give them:

  • Your home address and telephone number; and

  • Amount of benefits paid.

This does not apply if you are the subject of an anti-harassment order.

We cannot give information about you or discuss your claim with anyone else unless we have a signed release of information on file giving us permission.

Privacy Act

The Privacy Act of 1974 requires this statement because you are being asked to furnish your Social Security Number (SSN) under the authority of the Internal Revenue Code of 1954 (26 U.S.C. 85, 6011(a), 6050(B), and 6019(a)). Furnishing your SSN is mandatory under federal law. Your SSN is used:
For processing your unemployment claim;

  • To report Unemployment Insurance to the Internal Revenue Service (IRS) as, taxable income;

  • For statistical purposes;

  • To detect Fraud in federal and state programs;

  • For child support enforcement purposes;

  • To verify eligibility for unemployment benefits and public assistance;

  • To verify eligibility for Housing and Urban Development (HUD) programs; and

  • To assist in tracking people who have not paid back their student loans.

Wage, income, and other information under your SSN may be exchanged with other agencies that administer federally assisted programs.

Data Sharing Notice

We will share information about you with our WorkSource partners for the purpose of providing you with employment and training-related services. Examples of WorkSource partners are community colleges; community service organizations such as Community Action Councils and Career Pathways; the Department of Social and Health Services (DSHS); and the Division of Vocational Rehabilitation within DSHS. WorkSource partners differ in each region.

The information we will share includes:

  • Your name;

  • Address;

  • SSN;

  • Other relevant identifying information; and

  • Your employment and educational history.

Sharing the information among WorkSource partners allows you to receive services from them without having to give the same information to each of the partners.

WorkSource partners may not share this information with anyone else.

You may ask us to not share your information with WorkSource partners and we will honor that request. If you ask us to not share your information, you are still eligible for services from these partners.

We will be sending you a copy of the Data Sharing Notice when we mail the Statement of Wages and Hours to you. We send this to you when you file your claim for benefits. If you do not want us to share your information with these partners, please fill out and send us the form with your signature. If you have any questions about data sharing with WorkSource partners, please contact your local employment center.

We will never share information about you for commercial purposes.

__________________________________________________________________

Employment Security Department
Data Sharing Notice for WorkSource

The information you provide us is private and confidential and will be shared among WorkSource partners to facilitate the delivery of services to you. Examples of WorkSource partners are community colleges, community service organizations, the Department of Social and Health Services (DSHS), and the Division of Vocational Rehabilitation within DSHS. Each region will have some or all of these types of WorkSource partners and the partners differ in each region. The information will be shared with WorkSource partners only for the purpose of providing you employment and training-related services.

The information we will share includes: the personal information you have provided us such as your name, address and Social Security Number, other relevant identifying information, and your employment and educational history. Sharing of the information among WorkSource partners allows you to receive services from them without having to give the same information to each of the partners.

By contract, WorkSource partners are prohibited from further disclosing this information. This information is not subject to disclosure under the Public Records Act (RCW 42.17.310).

You may ask us to not share your information with WorkSource partners and we will honor that request. If you ask us to not share your information with WorkSource partners, your eligibility for services will not be affected. However, in order to take advantage of the services WorkSource partners offer, you will need to give each one of them information about yourself.

Unless you ask us to not share your information, the relevant information will be shared with our WorkSource partners, so they can assist you in employment and training-related services.

Please be advised that even if you ask us to not share your information with WorkSource partners, your information may be shared or disclosed as otherwise required by state or federal law.

(AG version, 8/1/00)

Aviso de que Compartimos Datos

Los datos que usted nos proporciona quedan en forma confidencial y privada. Sin embargo, se compartirán entre las organizaciones que forman WorkSource (en español Fuentes de Trabajo) pero únicamente será con el propósito de bríndale apoyo para el empleo y los servicios relacionados con la capacitación. Por ejemplo tendremos organizaciones como; Community Action Councils, Career Pathways, el Departamento de Servicios Sociales y de Salud (DSHS) y la División de Rehabilitación Vocacional dentro de DSHS. Cada región contará con algunas o todas las organizaciones de WorkSource. En cada región las organizaciones son diferentes. Los datos que compartiremos serán de carácter personal como; su nombre, su dirección, su número de Seguro Social, cualquier información suya que sea relevante, su historial de trabajo y su educación. El compartir sus datos entre los miembros de WorkSource permitirá que usted pueda recibir los servicios de todas las organizaciones sin tener que dar la misma información a cada una de ellas.

Las organizaciones de WorkSource tienen prohibido bajo contrato, el revelar mas allá sus datos. De acuerdo con la Ley de Archivos Públicos (RCW 42.17.310) sus datos NO se divulgarán.

Usted puede pedirnos que no se compartan sus datos con las organizaciones de WorkSource y nosotros respetaremos su petición. Si usted nos lo pide, no compartiremos sus datos entre las organizaciones, esto no afectará su elegibilidad para los servicios. Aunque usted nos pida que no compartamos sus datos, sí se podrán compartir o revelar si es que la ley estatal o federal así lo estipula.

Si usted NO quiere que compartamos sus datos, llene la parte de abajo y envíe este aviso a: Labor Exchange Help Desk, Employment Security Department, Employment & Training Divison, P O Box 9046 Olympia, Washington 98507-9046 o mándela por fax al (360) 438-3173. Si tiene alguna pregunta acerca de este aviso, por favor comuníquese con WorkSource o El Centro de Servicio para Trabajos en su área.

_________________________ _________________________ __________________________
Nombre Número de Seguro Social Fecha

__________________________________________________________________

WorkFirst Program Data Sharing Notice

Welcome to the job search activities of the WorkFirst program. These activities are designed to help you find work quickly. The information you provide us is private and confidential. It will be shared among WorkFirst partners, but only for the purpose of providing you employment and training-related services. The WorkFirst partners include the Department of Social and Health Services (DSHS), the Employment Security Department (ESD), the State Board for Community and Technical Colleges (SBCTC), and the Department of Community, Trade and Economic Development (CTED). The information we will share includes the personal information you provide us such as your name, address, and social security number, other relevant identifying information, and your employment and educational history. Sharing the information among WorkFirst partners allows you to receive services from them without having to give the same information to each of the partners.

By contract, WorkFirst partners are prohibited from further disclosing this information. This information may not be disclosed under the Public Records Act (RCW 42.17.310).

You may ask us to not share your information with WorkFirst partners and we will honor that request. If you ask us to not share your information, your eligibility for services will not be affected. Even if you ask us to not share your information, it may be shared or disclosed as otherwise required by state or federal law.

If you do not want us to share your information, please provide the information requested below and mail this form to the Labor Exchange Help Desk, Employment Security Department, Employment and Training Division, PO Box 9046, Olympia, Washington 98507-9046 or fax it to (360) 438-3173. If you have any questions about this notice, please contact your local WorkFirst office or WorkSource Center.

___________________ ___________________ ___________________
Name  Social Security Number Date

 
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