Records Request and/or Request for Confidential Information

The following information is not new law, but agency guidance designed to clarify the existing statutes or regulations. Contact Georgia Smith, (208) 332-3570 ext. 2102.

The Idaho Department of Labor's guidelines for disclosure of confidential employment security information records may be accessed at: Idaho Department of Labor AO #651.

Laws

• 20 CFR 603 Subpart B;
• Idaho Code Title 72 Chapter 13 (Sections 1342, 1372, 1373, 1374);
• Idaho Code Title 74, Chapters 1 & 2
• IDAPA 09.01.08 and
• Idaho Department of Labor AO #651.

For more information, contact Georgia Smith at 208-332-3570 x 2102

For security purposes, the Idaho Department of Labor will NOT provide records via email. Pursuant to Idaho Code § 74-102(10), the department may recover costs associated with the disclosure of department records when responding to the request requires more than two hours of labor and copying records exceeds 100 pages. The department considers actual cost for all requests made in a calendar year of $100 or less to be nominal and incidental and does not seek reimbursement for the first $100 of actual costs incurred.

Employment security information is any information descriptive of an identifiable person or persons received by, recorded by, prepared by, furnished to, or collected by the department, or the Industrial Commission in the administration of the Employment Security Law. For more information, see Idaho Code § 74-106(7) and 20 CFR § 603.6

Employee: If you are an employee requesting information about yourself, you need to complete an informed consent release.

Employer: If you are an employer requesting information about your business, you need to complete an informed consent release.

If you do not represent the individual or employer and are seeking records for such person, you are a third party. You also must complete the Third Party Confidentiality Agreement form.

Attorney:

* Employment Security Law purpose -- any purpose that arises under Idaho Employment Security Law found at Idaho Code Section 72-1301 et seq.

Third party: If you are requesting records that are NOT your own or if you are an attorney or an agent and you are requesting records of someone who is NOT a client, the following documents must be completed:

Submit requests:

Other Submission Options:

• 20 CFR 603 Subpart B;
• Idaho Code Title 72 Chapter 13 (Sections 1342, 1372, 1373, 1374);
• Idaho Code Title 74, Chapters 1 & 2
• IDAPA 09.01.08 and
• Idaho Department of Labor AO #624.
  1. If you represent an individual or employer requesting records concerning that individual or employer for Employment Security Law purposes* or other: You may submit a signed and dated Letter of Representation on a company letterhead in lieu of the Third Party Confidentiality Agreement form. You must also provide a notarized informed consent release form.
  2. If you represent an individual or employer for a non-Employment Security Law purpose (e.g. workers' compensation) you must provide an informed consent release signed by the individual or employer whose records are. You must also provide a notarized Third Party Confidentiality Agreement form.
  1. Obtain a written informed consent release from the person or employer whose records you seek AND
  2. You must complete a third party confidentiality agreement signed by the third party.