Section 149.03. Disclosure of records to individuals, employing units, their agents, and authorized third parties.

 

(1)   Claimants and employing units. Except as otherwise provided under s. DWD 140.09 , the department shall make the following records available to the following persons upon request:

(a) An unemployment insurance record concerning an individual is available to that individual.

(b) An unemployment insurance record concerning an individual's work for an employing unit is available to that employing unit.

(c) An unemployment insurance record concerning a determination to which an employing unit is identified as a party of interest under s. 108.09 , Stats., is available to that employing unit.

(d) An unemployment insurance record concerning an employing unit's status or liability under ch. 108 , Stats. , is available to that employing unit.

(2)   Agents and attorneys.

(a) The department may disclose an unemployment insurance record to an attorney or agent of an individual or employing unit under sub. (1) , only if the attorney or agent furnishes a written statement from the individual or employing unit authorizing release of the record or if the department verifies that the attorney or agent represents the individual or employing unit.

(b) An elected official or the elected official's staff assistant is an agent when acting in response to a constituent's inquiry about an unemployment insurance issue. The department may release only that portion of the records relating solely to the requesting constituent's case.

(c) A union representative is an agent when acting for a claimant.

(3)   Authorized third parties.

(a) The department may disclose an unemployment insurance record to an authorized third party that is not an agent of an individual or employing unit if the third party provides a written release signed by the individual or employing unit to whom the information pertains. The release shall contain the following information:

1. The specific information sought.

2. The purpose for which the information is sought.

3. All parties who may receive the information.

4. A statement that the information obtained under the release will be used only for the purpose provided under subd. 2.

5. A statement that the department's unemployment insurance files will be accessed to obtain the information.

(b) The department may disclose an unemployment insurance record under this subsection only if the purpose specified under par. (a) 2. is limited to one or more of the following:

1. Providing a service to the individual such that the individual expects to receive a benefit as a result of signing the release.

2. Carrying out administration or evaluation of a public program to which the release pertains.

History: Cr. Register, May, 1993, No. 449 , eff. 6-1-93; am. (1) (intro.) and (2), Register, September, 2000, No. 537 , eff. 10-1-00; CR 08-019 : am. (title), (1) (a) to (d) and (2), cr. (2) (b) and (c), r. and recr. (3) Register July 2008 No. 631 , eff. 8-1-08.