{"data":{"id":"us-ky/krs-341.190","jurisdiction":"us-ky","citation":"KRS 341.190","heading":"Records and reports -- Confidential treatment -- Exceptions.","body":"(1) As used in this section:\n(a) \"Agent\" means  one who  acts for or in the place of an individual, an\nemploying unit, or a public official by the authority of that individual,\nemploying unit, or public official; and\n(b) \"Public official\" means  an official, agency, or public entity within the\nexecutive branch of federal, state, or local government who or which has\nresponsibility for administering or enforcing a law, or an elected official in\nfederal, state, or local government.\n(2) Each  employing unit shall keep true and accurate work records of all workers\nemployed  by it, of the wages  paid by it to each worker, and such other\ninformation as the secretary of the Education and Labor Cabinet considers\nnecessary for the proper administration of this chapter. The records shall be\nopen for inspection and subject to being copied by the secretary or his or her\nauthorized representatives at any reasonable time and as often as necessary.\n(3) The  secretary may require any employing unit to furnish to the cabinet at its\ncentral office from time to time information concerning the total amounts of\nwages  paid, total number of persons employed, an individual record of each\nworker employed, an individual record of each worker whose employment has\nbeen terminated or who has been laid-off, an individual wage and hour record\nof each worker employed part time entitled to benefits, and other related\nmatters, including hours worked, which the secretary considers necessary to\nthe effective administration of this chapter.\n(4) Information obtained from an employing unit or individual and other records\nmade  by the cabinet in the administration of this chapter are confidential and\nshall not be published or be open for public inspection, except as provided\nbelow and in subsections (5) and (6) of this section:\n(a) 1. Public officials and the agents and contractors of public officials, in\nthe performance of their official duties, may be provided information\nand  records, but the public officials receiving the information and\nrecords shall assure the confidentiality, as required in this section, of\nall information and records so released. Official duties do not include\nsolicitation of contributions or expenditures to or on behalf of a\ncandidate for public office or a political party;\n2. A  contractor shall include a temporary staffing engaged  by the\ncabinet for any purpose in connection with the administration of this\nchapter; and\n3. Disclosures shall be made under this subsection only if the recipient\nhas entered into a written, enforceable, and terminable agreement\nwith the cabinet and has satisfied the safeguards set forth in federal\nstatutes and regulations;\n(b) 1. An  individual or employing unit shall be provided, upon request,\ninformation and  records maintained by  the  cabinet in the\nadministration of wage records, claim, reserve account, reimbursing\nemployer account, or any proceeding under this chapter to which it\nis a party.\n2. An  agent of an individual or employing unit shall be provided the\nindividual's or employing unit's information and records upon the\npresentation of a  written release or other legally enforceable\nevidence of the informed consent of the individual or employing unit.\n3. An  attorney retained by an individual or employing unit in any\nproceeding under this chapter shall be provided the individual's or\nemploying unit's information and records if the attorney asserts in\nwriting that he or she is representing that individual or employing\nunit.\n4. An elected official performing constituent services shall be provided\nthe individual's or employing unit's information and records if the\nofficial presents reasonable written evidence that the individual or\nemploying unit has authorized the disclosure;\n(c) A third party other than an agent, or third party on an ongoing basis, shall\nbe provided the individual or employing unit's information and records if\nthe individual or employing unit to whom  the information pertains provides\na signed written release which shall specify:\n1. The information and records to be disclosed;\n2. The  purpose for which the information and records are sought,\nspecifying the expected service or benefit to the individual signing\nthe  release, or specifying their use  in the administration or\nevaluation of the public program to which the release pertains;\n3. Assurance that the information and records shall be used solely for\nthat purpose;\n4. All parties who may receive the information and records disclosed;\nand\n5. That state government files shall be accessed to obtain information\nand records.\nDisclosures shall be made under this subsection only if the recipient has\nentered into a written, enforceable, and terminable agreement with the\ncabinet and has satisfied the safeguards set forth in federal statutes and\nregulations;\n(d) Precedential orders issued by the Unemployment  Insurance Commission\nshall be released provided that Social Security numbers and employer\nidentification numbers  have  been  removed  and  the disclosure is\notherwise consistent with federal and state law;\n(e) A  public official with authority under state or federal law to obtain the\ninformation and records by subpoena, other than a clerk of court on\nbehalf of a litigant, shall be provided information and records upon service\nof a duly issued subpoena;\n(f) A  federal official, when  required for the purposes of oversight and\nauditing of the unemployment  insurance program, shall be provided\ninformation and records;\n(g) Statistical information derived from information and records obtained or\nmade  by the cabinet may be released to the Bureau of Labor Statistics\nunder a cooperative agreement or may  be published, if it in no way\nreveals the identity of any individual or employing unit; and\n(h) Nothing in this section shall preclude the secretary or any employee of\nthe cabinet from testifying in any proceeding under this chapter or in any\ncourt, or from introducing as evidence information and records obtained\nor made by the cabinet in an action for violation of state or federal law to\nwhich the cabinet is a party or upon order of the court.\n(5) Disclosures shall be made under subsection (4) of this section only if:\n(a) The  disclosure is necessary for the proper administration of the\nunemployment  insurance program;\n(b) No  more than an incidental amount of staff time or a nominal processing\ncost is required to make the disclosure; or\n(c) The cost of providing the information and records is paid by the recipient\nprior to the disclosure, consistent with federal laws and regulations,\nexcept this requirement shall not apply to disclosures made  under\nsubsection (4)(f) of this section nor to disclosures made under subsection\n(4)(e) and (h) of this section if the cabinet attempts without success to\nrecover the cost of disclosure. For disclosures made  to other public\nofficials under subsection (4)(a) of this section, this requirement shall be\nmet  if the recipient provides a reciprocal benefit to the cabinet in the\nadministration of the unemployment insurance program, or if a reasonable\nreimbursement for the disclosure shall be determined under federal law.\n(6) Recipients of information and records disclosed under subsection (4)(a) and (c)\nof this section may redisclose the information and records only as follows:\n(a) To the individual or employing unit who is the subject of the information\nand records;\n(b) To  an attorney or duly authorized agent representing the individual or\nemploying unit;\n(c) In any civil or criminal proceedings for or on behalf of the recipient;\n(d) In response to a subpoena but only as provided in subsection (4)(e) and\n(h) of this section;\n(e) A public official may redisclose to an agent or contractor, but only if the\npublic official retains responsibility for the uses of the confidential\ninformation and records by the agent or contractor and subject to the\nsafeguards set forth in the agreement required under subsection (4) of\nthis section;\n(f) A public official may redisclose to another public official;\n(g) A  state or local child support enforcement agency may redisclose to its\nagent  under contract for the purpose of carrying out child support\nenforcement; or\n(h) When  specifically authorized by a written release for redisclosure that\nmeets the requirements of subsection (4)(c) of this section.\n(7) Any  disclosure or use of information and records that is inconsistent with the\nprovisions of this section shall be subject to the penalty prescribed in KRS\n341.990(11).\n(8) No  information and records held confidential under subsection (4) of this\nsection shall be the subject matter or basis for any suit for slander or libel in\nany court, but no employer or employee, or his representative, testifying before\nthe commission, the secretary, or any duly authorized representative thereof,\nshall be exempt from punishment for perjury.","path":["KRS Chapter 341"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52444","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:28Z","sha256":"8d14fc0cebe48b53c88fbe648e5a59d44c38ae8c7a11afaa6f010e58ef704d90","source_id":"us-ky","stale":false,"prev":"us-ky/krs-341.180","next":"us-ky/krs-341.200"},"notice":"GroundRules: Original legal text. Not legal advice."}