Policy Chapters and Sections

Data Confidentiality

Chapter: 10 Section: 6.3
Effective Date: 2/15/2019
Expiration Date: Continuing
Published Date: 9/9/2020 11:54:34 AM
Status: Current
Version: 2

Tags: Disability, EO, Equal Employment Opportunity, Nondiscrimination, NDP, NDP

  1. Included in the Department’s Discrimination Complaint Procedures are the laws and regulations that govern the Department’s use of personal information. These policies and procedures are in place to safeguard documentation pertaining to specific job seekers, program participants, enrollees, benefit claimants, employers, and agency/partnership employees. Data is accessible only to authorized personnel needing access to the systems providing direct services. IWDS collects demographic information, as required by USDOL and reflects the composition of each LWIA’s workforce by race/ethnicity, sex, age, and disability status. This information is confidential and used for determining program compliance with nondiscrimination requirements.
  2. DCEO mandates that all recipients financially assisted under Title I of the WIOA must have in place a written policy regarding who has access to medical information. Records, particularly those containing medical information, are stored in a manner that ensures their confidentiality. Only persons with a need to know will be privy to the information as outlined in 29 CFR 32.15 (d) (1), (2), (3), and (4). All non-medical records are kept in a separate place from records that contain medical information. Medical records might include insurance application forms as well as health certificates and results from physical exams. Within each WIOA recipient grant agreement, records retention and right of inspection clauses are included. At the local level, each LWIA is required to provide a copy of its written procedures, demonstrating data collection, access and maintenance to records meeting the requirements of 29 CFR 38.45. Each grant recipient and sub-recipient is accountable for all funds received and shall maintain for a minimum of three (3) years, following the date of submission by the Grantee of its final expenditure report, all books, records, and supporting documentation necessary to verify the expenditure and use of expended funds.
  3. Asserted considerations of privacy or confidentiality are not a basis for withholding information from EOMC and will not bar EOMC staff from evaluating or seeking to enforce compliance. Grant applicants and recipients are ultimately responsible.
    1. Records must be stored to ensure confidentiality;
    2. Only staff who need to know should have access to records and information; and
    3. Complainants and those who provide information must be protected against retaliation

Section 188 Reference Guide PROMISING PRACTICES IN ACHIEVING NONDISCRIMINATION AND EQUAL OPPORTUNITY

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