If information provided to the department by another governmental agency is held private and confidential by state or federal law, the department may not release such information unless otherwise provided in this title.
Information provided to the department by another governmental entity conditioned upon privacy and confidentiality under a provision of law is to be held private and confidential according to the agreement between the department and the other governmental agency unless otherwise provided in this title.
The department may hold private and confidential information obtained for statistical analysis, research, or study purposes if the information was supplied voluntarily, conditioned upon maintaining confidentiality of the information.
Persons requesting disclosure of information held by the department under subsection (1) or (2) of this section shall request such disclosure from the agency providing the information to the department rather than from the department.
[ 2019 c 13 § 70; ]
Any information or records concerning an individual or employer obtained by the department pursuant to the administration of this title shall be private and confidential, except as otherwise provided in this chapter or RCW 50A.05.040.
This chapter does not create a rule of evidence.
The department must publish, on its website, a current list of all employers that have approved voluntary plans under chapter 50A.30 RCW.
The commissioner has the authority to adopt, amend, or rescind rules interpreting and implementing this chapter.
[ 2019 c 13 § 72; ]
An individual shall have access to all records and information concerning that individual held by the department unless the information is exempt from disclosure under RCW 42.56.410.
An employer shall have access to:
Its own records relating to any claim or determination for family or medical leave benefits by an individual;
Records and information relating to a decision to allow or deny benefits if the decision is based on material information provided by the employer; and
Records and information related to that employer's premium assessment.
The department may disclose records and information deemed confidential under this chapter to a third party acting on behalf of an individual or employer that would otherwise be eligible to receive records under subsection (1) or (2) of this section when the department receives a signed release from the individual or employer. The release must include a statement:
Specifically identifying the information that is to be disclosed;
That state government files will be accessed to obtain that information;
Of the specific purpose or purposes for which the information is sought and a statement that information obtained under the release will only be used for that purpose or purposes; and
Indicating all the parties who may receive the information disclosed.
[ 2019 c 13 § 73; ]
Any interested party, as defined by rule, in a proceeding before the appeal tribunal or commissioner shall have access to any information or records deemed private and confidential under this chapter if the information or records are material to the issues in that proceeding.
No decision by the commissioner or the appeals tribunal shall be deemed private and confidential under this chapter unless the decision is based on information obtained in a closed hearing.
[ 2019 c 13 § 74; ]
Information or records deemed private and confidential under this chapter shall be available to parties to judicial or formal administrative proceedings only upon a written finding by the presiding officer that the need for the information or records in the proceeding outweighs any reasons for the privacy and confidentiality of the information or records.
Information or records deemed private and confidential under this chapter shall not be available in discovery proceedings unless the court in which the action has been filed has made the finding in subsection (1) of this section. A judicial or administrative subpoena directed to the department must contain this finding. A subpoena for records or information under this section must be submitted in a manner prescribed by the department.
[ 2019 c 13 § 75; ]
The department may enter into data-sharing contracts and may disclose records and information deemed confidential to state or local government agencies under this chapter only if permitted under subsection (2) of this section and RCW 50A.25.090. A state or local government agency must need the records or information for an official purpose and must also provide:
An application in writing to the department for the records or information containing a statement of the official purposes for which the state or local government agency needs the information or records and specifically identify the records or information sought from the department; and
A written verification of the need for the specific information from the director, commissioner, chief executive, or other official of the requesting state or local government agency either on the application or on a separate document.
The department may disclose information or records deemed confidential under this chapter to the following state or local government agencies:
To the department of social and health services to identify child support obligations as defined in RCW 50A.15.080;
To the department of revenue to determine potential tax liability or employer compliance with registration and licensing requirements;
To the department of labor and industries to compare records or information to detect improper or fraudulent claims;
To the office of financial management for the purpose of conducting periodic salary or fringe benefit studies pursuant to law;
To the office of the state treasurer and any financial or banking institutions deemed necessary by the office of the state treasurer and the department for the proper administration of funds;
To the office of the attorney general for purposes of legal representation;
To a county clerk for the purpose of RCW 9.94A.760 if requested by the county clerk's office;
To the office of administrative hearings for the purpose of administering the administrative appeal process;
To the department of enterprise services for the purpose of agency administration and operations;
To the consolidated technology services agency for the purpose of enterprise technology support**; and**
To the office of the state actuary for the purpose of performing actuarial services to assess the financial stability and solvency of the family and medical leave program, and specifically the family and medical leave insurance account created in RCW 50A.05.070.
The state legislature may have access to information or records deemed private and confidential under this chapter if the following requirements are met:
The legislature, a legislative committee, a legislator, or a staff member finds that the information or records are necessary and for official purposes; and
The individuals and organizations whose information is contained within the confidential records requested must provide a signed disclosure that manifests the individual's or organization's informed consent to the disclosure of the records or information to the legislature, legislative committee, legislator, or staff member.
[ 2019 c 13 § 77; ]
The department may disclose information or records deemed confidential under this chapter to the federal internal revenue service if the information is deemed necessary by the department to administer RCW 50A.15.070.
[ 2019 c 13 § 78; ]
Nothing in this chapter shall be construed as limiting or restricting the effect of RCW 42.56.070(8).
[ 2019 c 13 § 79; ]
The family and medical leave program of the department may disclose information or records deemed private and confidential under this chapter to any private person or organization, and by extension, the agents of any private person or organization, when the disclosure is necessary to permit private contracting parties to assist in the operation, management, and implementation of the program in instances where certain departmental functions may be delegated to private parties to increase the department's efficiency or quality of service to the public. The private person or organization shall use the information or records solely for the purpose for which the information was disclosed and shall be bound by the same rules of privacy and confidentiality as department employees.
[ 2019 c 13 § 80; ]
All private persons, government agencies, and organizations authorized to receive information from the department under this chapter have an affirmative obligation to take all reasonable actions necessary to prevent the disclosure of confidential information.
The disclosure of any records or information by a private person, government agency, or organization that obtained the records or information from the department under this chapter is prohibited unless expressly permitted by this chapter.
If misuse or an unauthorized disclosure of confidential records or information occurs, all parties who are aware of the violation must inform the department immediately and must take all reasonably available actions to rectify the disclosure to the department's standards.
The misuse or unauthorized release of records or information deemed private and confidential under this chapter by any private person, government agency, or organization to which access is permitted by this section shall subject the person, government agency, or organization to a civil penalty of up to twenty thousand dollars in 2018 and annually adjusted by the department based on changes in the United States consumer price index for all urban consumers. Other applicable sanctions under state and federal law also apply.
Suit to enforce this section shall be brought by the attorney general and the amount of any penalties collected shall be paid into the department's family and medical leave enforcement account. The attorney general may recover reasonable attorneys' fees for any action brought to enforce this section.
[ 2019 c 13 § 81; ]
Where the family and medical leave program of the department contracts to provide services to other governmental or private organizations, the department may disclose to those organizations information or records deemed private and confidential that have been acquired in the performance of the department's obligations under the contracts.
[ 2019 c 13 § 82; ]
Nothing in this chapter shall prevent the disclosure of information or records deemed private and confidential under this chapter if all details identifying an individual or employer are deleted so long as the information or records cannot be foreseeably combined with other publicly available information to reveal the identity of an individual or employer.
[ 2019 c 13 § 83; ]