{"data":{"id":"us-ok/okla.-stat.-tit.-40-40-4-508","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 40, § 40-4-508","heading":"Information to be kept confidential - Disclosure","body":"INFORMATION TO BE KEPT CONFIDENTIAL - DISCLOSURE.\n\nA. Except as otherwise provided by law, information obtained\n\nfrom any employing unit or individual pursuant to the administration\n\nof the Employment Security Act of 1980, any workforce system program\n\nadministered or monitored by the Oklahoma Employment Security\n\nCommission, and determinations as to the benefit rights of any\n\nindividual shall be kept confidential and shall not be disclosed or\n\nbe open to public inspection in any manner revealing the\n\nindividual's or employing unit's identity. Any claimant, employer,\n\nor agent of either as authorized in writing, shall be supplied with\n\ninformation from the records of the Oklahoma Employment Security\n\nCommission, to the extent necessary for the proper presentation of\n\nthe claim or complaint in any proceeding under the Employment\n\nSecurity Act of 1980, with respect thereto.\n\nB. Upon receipt of written request by any employer who\n\nmaintains a Supplemental Unemployment Benefit (SUB) Plan, the\n\nCommission or its designated representative may release to that\n\nemployer information regarding weekly benefit amounts paid its\n\nworkers during a specified temporary layoff period, provided the\n\nSupplemental Unemployment Benefit (SUB) Plan requires benefit\n\npayment information before Supplemental Unemployment Benefits can be\n\npaid to the workers. Any information disclosed under this provision\n\nshall be utilized solely for the purpose outlined herein and shall\n\nbe held strictly confidential by the employer.\n\nC. The provisions of this section shall not prevent the\n\nCommission from disclosing the following information and no\n\nliability whatsoever, civil or criminal, shall attach to any member\n\nof the Commission or any employee thereof for any error or omission\n\nin the disclosure of this information:\n\n1. The delivery to taxpayer or claimant a copy of any report or\n\nother paper filed by the taxpayer or claimant pursuant to the\n\nEmployment Security Act of 1980;\n\n2. The disclosure of information to any person for a purpose as\n\nauthorized by the taxpayer or claimant pursuant to a waiver of\n\nconfidentiality. The waiver shall be in writing and shall be\n\nnotarized;\n\n3. The Oklahoma Department of Commerce may have access to data\n\nobtained pursuant to the Employment Security Act of 1980 pursuant to\n\nrules promulgated by the Commission. The information obtained shall\n\nbe held confidential by the Department and any of its agents and\n\nshall not be disclosed or be open to public inspection. The\n\nOklahoma Department of Commerce, however, may release aggregated\n\ndata, either by industry or county, provided that the aggregation\n\nmeets disclosure requirements of the Commission;\n\n4. The publication of statistics so classified as to prevent\n\nthe identification of a particular report and the items thereof;\n\n5. The disclosing of information or evidence to the Attorney\n\nGeneral or any district attorney when the information or evidence is\n\nto be used by the officials or other parties to the proceedings to\n\nprosecute or defend allegations of violations of the Employment\n\nSecurity Act of 1980. The information disclosed to the Attorney\n\nGeneral or any district attorney shall be kept confidential by them\n\nand not be disclosed except when presented to a court in a\n\nprosecution of a violation of Section 1-101 et seq. of this title,\n\nand a violation by the Attorney General or district attorney by\n\notherwise releasing the information shall be a felony;\n\n6. The furnishing, at the discretion of the Commission, of any\n\ninformation disclosed by the records or files to any official person\n\nor body of this state, any other state or of the United States who\n\nis concerned with the administration of assessment of any similar\n\ntax in this state, any other state or the United States;\n\n7. The furnishing of information to other state agencies for\n\nthe limited purpose of aiding in the collection of debts owed by\nn, of any\n\ninformation disclosed by the records or files to any official person\n\nor body of this state, any other state or of the United States who\n\nis concerned with the administration of assessment of any similar\n\ntax in this state, any other state or the United States;\n\n7. The furnishing of information to other state agencies for\n\nthe limited purpose of aiding in the collection of debts owed by\n\nindividuals to the requesting agencies or the Oklahoma Employment\n\nSecurity Commission;\n\n8. The release of information to employees of the Department of\n\nTransportation required for use in federally mandated regional\n\ntransportation planning, which is performed as a part of its\n\nofficial duties;\n\n9. The release of information to employees of the State\n\nTreasurer's office required to verify or evaluate the effectiveness\n\nof the Oklahoma Small Business Linked Deposit Program on job\n\ncreation;\n\n10. The release of information to employees of the Attorney\n\nGeneral, the Department of Labor, the Workers' Compensation\n\nCommission and the Insurance Department for use in investigation of\n\nworkers' compensation fraud;\n\n11. The release of information to employees of any state,\n\ncounty, municipal or tribal law enforcement agency for use in\n\ncriminal investigations and the location of missing persons or\n\nfugitives from justice;\n\n12. The release of information to employees of the Center of\n\nInternational Trade, Oklahoma State University, required for the\n\ndevelopment of International Trade for employers doing business in\n\nthis state;\n\n13. The release of information to employees of the Oklahoma\n\nState Regents for Higher Education required for use in the default\n\nprevention efforts and/or collection of defaulted student loans\n\nguaranteed by the Oklahoma Guaranteed Student Loan Program. Any\n\ninformation disclosed under this provision shall be utilized solely\n\nfor the purpose outlined herein and shall be held strictly\n\nconfidential by the Oklahoma State Regents for Higher Education;\n\n14. The release of information to employees of the Oklahoma\n\nDepartment of Career and Technology Education, the Oklahoma State\n\nRegents for Higher Education, the Center for Economic and Management\n\nResearch of the University of Oklahoma, the Center for Economic and\n\nBusiness Development at Southwestern Oklahoma State University or a\n\ncenter of economic and business research or development at a\n\ncomprehensive or regional higher education institution within The\n\nOklahoma State System of Higher Education required to identify\n\neconomic trends or educational outcomes. The information obtained\n\nshall be kept confidential by the Oklahoma Department of Career and\n\nTechnology Education, the Oklahoma State Regents for Higher\n\nEducation and the higher education institution and shall not be\n\ndisclosed or be open to public inspection. The Oklahoma Department\n\nof Career and Technology Education, the Oklahoma State Regents for\n\nHigher Education and the higher education institution may release\n\naggregated data, provided that the aggregation meets disclosure\n\nrequirements of the Commission;\n\n15. The release of information to employees of the Office of\n\nManagement and Enterprise Services required to identify economic\n\ntrends. The information obtained shall be kept confidential by the\n\nOffice of Management and Enterprise Services and shall not be\n\ndisclosed or be open to public inspection. The Office of Management\n\nand Enterprise Services may release aggregate data, provided that\n\nthe aggregation meets disclosure requirements of the Oklahoma\n\nEmployment Security Commission;\n\n16. The release of information to employees of the Department\n\nof Mental Health and Substance Abuse Services required to evaluate\n\nthe effectiveness of mental health and substance abuse treatment and\n\nstate or local programs utilized to divert persons from inpatient\n\ntreatment. The information obtained shall be kept confidential by\nure requirements of the Oklahoma\n\nEmployment Security Commission;\n\n16. The release of information to employees of the Department\n\nof Mental Health and Substance Abuse Services required to evaluate\n\nthe effectiveness of mental health and substance abuse treatment and\n\nstate or local programs utilized to divert persons from inpatient\n\ntreatment. The information obtained shall be kept confidential by\n\nthe Department and shall not be disclosed or be open to public\n\ninspection. The Department of Mental Health and Substance Abuse\n\nServices, however, may release aggregated data, either by treatment\n\nfacility, program or larger aggregate units, provided that the\n\naggregation meets disclosure requirements of the Oklahoma Employment\n\nSecurity Commission;\n\n17. The release of information to employees of the Attorney\n\nGeneral, the Oklahoma State Bureau of Investigation and the\n\nInsurance Department for use in the investigation of insurance fraud\n\nand health care fraud;\n\n18. The release of information to employees of public housing\n\nagencies for purposes of determining eligibility pursuant to 42\n\nU.S.C., Section 503(i);\n\n19. The release of wage and benefit claim information, at the\n\ndiscretion of the Commission, to an agency of this state or its\n\npolitical subdivisions that operate a program or activity designated\n\nas a required partner in the Workforce Innovation and Opportunity\n\nAct One-Stop delivery system pursuant to 29 U.S.C.A., Section\n\n3151(b)(1), based on a showing of need made to the Commission and\n\nafter an agreement concerning the release of information is entered\n\ninto with the entity receiving the information. For the limited\n\npurpose of completing performance accountability reports required by\n\nthe Workforce Innovation and Opportunity Act, only those designated\n\nrequired partners that meet the 20 CFR Section 603.2(d) definition\n\nof public official may contract with a private agent or contractor\n\npursuant to 20 CFR Section 603.5(f) for the purpose of the private\n\nagent or contractor receiving confidential unemployment compensation\n\ninformation to the extent necessary to complete the performance\n\naccountability reports;\n\n20. The release of information to the State Wage Interchange\n\nSystem, at the discretion of the Commission;\n\n21. The release of information to the Bureau of the Census of\n\nthe U.S. Department of Commerce, the Bureau of Labor Statistics of\n\nthe U.S. Department of Labor, and its agents employed by the\n\nOklahoma Department of Labor for the purpose of economic and\n\nstatistical research;\n\n22. The release of employer tax information and benefit claim\n\ninformation to the Oklahoma Health Care Authority for use in\n\ndetermining eligibility for a program that will provide subsidies\n\nfor health insurance premiums for qualified employers, employees,\n\nself-employed persons and unemployed persons;\n\n23. The release of employer tax information and benefit claim\n\ninformation to the State Department of Rehabilitation Services for\n\nuse in assessing results and outcomes of clients served;\n\n24. The release of information to any state or federal law\n\nenforcement authority when necessary in the investigation of any\n\ncrime in which the Commission is a victim. Information that is\n\nconfidential under this section shall be held confidential by the\n\nlaw enforcement authority unless and until it is required for use in\n\ncourt in the prosecution of a defendant in a criminal prosecution;\n\n25. The release of information to vendors that contract with\n\nthe Oklahoma Employment Security Commission to provide for the\n\nissuance of debit cards, to conduct electronic fund transfers, to\n\nperform computer programming operations, or to perform computer\n\nmaintenance or replacement operations; provided the vendor agrees to\n\nprotect and safeguard the information it receives and to destroy the\n\ninformation when no longer needed for the purposes set out in the\nhe Oklahoma Employment Security Commission to provide for the\n\nissuance of debit cards, to conduct electronic fund transfers, to\n\nperform computer programming operations, or to perform computer\n\nmaintenance or replacement operations; provided the vendor agrees to\n\nprotect and safeguard the information it receives and to destroy the\n\ninformation when no longer needed for the purposes set out in the\n\ncontract;\n\n26. The release of information to employees of the Office of\n\nJuvenile Affairs for use in assessing results and outcomes of\n\nclients served as well as the effectiveness of state and local\n\njuvenile and justice programs including prevention and treatment\n\nprograms. The information obtained shall be kept confidential by\n\nthe Office of Juvenile Affairs and shall not be disclosed or be open\n\nto public inspection. The Office of Juvenile Affairs may release\n\naggregated data for programs or larger aggregate units, provided\n\nthat the aggregation meets disclosure requirements of the Oklahoma\n\nEmployment Security Commission;\n\n27. The release of information to vendors that contract with\n\nthe State of Oklahoma for the purpose of providing a public\n\nelectronic labor exchange system that will support the Oklahoma\n\nEmployment Security Commission's operation of an employment service\n\nsystem to connect employers with job seekers and military veterans.\n\nThis labor exchange system would enhance the stability and security\n\nof Oklahoma's economy as well as support the provision of veterans'\n\npriority of service. The vendors may perform computer programming\n\noperations, perform computer maintenance or replacement operations,\n\nor host the electronic solution; provided, each vendor agrees to\n\nprotect and safeguard all information received, that no information\n\nshall be disclosed to any third party, that the use of the\n\ninformation shall be restricted to the scope of the contract, and\n\nthat the vendor shall properly dispose of all information when no\n\nlonger needed for the purposes set out in the contract; or\n\n28. The release of employer tax information and benefit claim\n\ninformation to employees of a county public defender's office in\n\nthis state and the Oklahoma Indigent Defense System for the purpose\n\nof determining financial eligibility for the services provided by\n\nsuch entities.\n\nD. Subpoenas to compel disclosure of information made\n\nconfidential by this statute shall not be valid, except for\n\nadministrative subpoenas issued by federal, state, or local\n\ngovernmental agencies that have been granted subpoena power by\n\nstatute or ordinance. Confidential information maintained by the\n\nCommission can be obtained by order of a court of record that\n\nauthorizes the release of the records in writing. All\n\nadministrative subpoenas or court orders for production of documents\n\nmust provide a minimum of twenty (20) days from the date it is\n\nserved for the Commission to produce the documents. If the date on\n\nwhich production of the documents is required is less than twenty\n\n(20) days from the date of service, the subpoena or order shall be\n\nconsidered void on its face as an undue burden or hardship on the\n\nCommission. All administrative subpoenas, court orders or notarized\n\nwaivers of confidentiality authorized by paragraph 2 of subsection C\n\nof this section shall be presented with a request for records within\n\nninety (90) days of the date the document is issued or signed, and\n\nthe document can only be used one time to obtain records.\n\nE. Should any of the disclosures provided for in this section\n\nrequire more than casual or incidental staff time, the Commission\n\nshall charge the cost of the staff time to the party requesting the\n\ninformation.\n\nF. It is further provided that the provisions of this section\n\nshall be strictly interpreted and shall not be construed as\n\npermitting the disclosure of any other information contained in the\n\nrecords and files of the Commission.","path":["OK Code","Title 40"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os40.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b0c40a0da7eb9d6a13f4579153f0a17bbcd23118ce347fcb911a9b4b3a6bff4f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-40-40-4-507","next":"us-ok/okla.-stat.-tit.-40-40-4-509"},"notice":"GroundRules: Original legal text. Not legal advice."}