ACTION BULLETINS (PY 2005)

AB - #62 Collection and Maintenance of Confidential Information

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AB - #62
Effective: Immediately


ACTION BULLETIN

Collection and Maintenance of Confidential

TO: All Alameda County Workforce Investment Board (ACWIB) Program Operators

DATE: May 15, 2006

SUBJECT: Collection and Maintenance of Confidential Information

PURPOSE OF BULLETIN:
The purpose of this bulletin is to provide guidance to the Alameda County Workforce Investment Board (ACWIB) contractors on the collection and maintenance of confidential information for all participants enrolled in the Title I Workforce Investment Act (WIA) programs for Adults, Dislocated Workers and Youth.

CITATION(S):
Title 20 Code of Federal Regulations Part 652 et al., Workforce Investment Act Final Rules, August 11, 2000, Subpart A – Registration and Eligibility.
WIA Program Year (PY) 2005-06 Contract, Exhibit BB, Item 20
Alameda County Confidentiality Statement, in accordance with California Welfare and Institutions Code Sections 5328 and 10850
Alameda County Contract Administration Manual, April 1998
Information Practices Act (IPA), California Civil Code 1798-1798.78

BACKGROUND:
The Workforce Investment Act Final Rules address registration and basic eligibility requirements. Registration is an information collection process that documents a determination of eligibility. It is also the point at which performance accountability information begins to be collected. In addition to the responsibility to register participants, Equal Opportunity (EO) data must be collected on every individual who is interested in being considered for WIA title I financially assisted aid, benefits, services, or training, and who has signified that interest by submitting personal information. The EO data must be maintained in a manner that allows the individuals to be identified, and that ensures confidentiality.

Alameda County Board of Supervisors, is the fiscal agent for the WIA grants administered by the Alameda County Workforce Investment Board, and requires all contractors of the County to adhere to these guidelines regarding the confidentiality of individual information.

The Alameda County Contracts Administration Manual states that all information and records obtained by contractors in the course of providing services to recipients where confidentiality is required by law shall remain confidential.

Additionally, the Alameda County Confidentiality Statement, in accordance with California Welfare and Institutions Code Sections 5328 and 10850, prohibits the disclosure of client information for purposes not related to the administration of County programs. It states that it is imperative that information concerning Alameda County clients is not shared outside of the agency without the written consent from the client or parent or legal guardian if the client is a minor except as waived by law.

This policy coincides with the Information Practices Act (IPA) referenced by the State of California Employment Development Department in their guidance on the release of Unemployment Information (UI), which permits release of personal information maintained by State agencies only with the written consent from the individual who is the subject of the request.

POLICY AND PROCEDURES:
All Alameda County contractors should make every attempt to obtain all required eligibility information directly from their clients. When contractors collect individual information they are prohibited from disclosing client information for purposes not related to their participation in WIA funded programs without the written consent of the client, parent or legal guardian. The information collected from their client will be collected and maintained to ensure confidentiality.

Additionally, both of the Release of Information forms should be signed and dated by the client at the time they request application for WIA programs. These release forms can be used to give the WIA contractors the right to request information on behalf of the individual, as needed.

WIA UI – Data Consent Authorization Form (DCAF)
When an applicant is unable to provide unemployment information directly, the contractor may use a WIA UI - DCAF to request data directly from the EDD UI Program.

The submission of a WIA UI—DCAF is kept confidential. This means that the information provided is faxed or mailed to a location authorized to receive confidential information and received by someone fully informed about the procedures for the use of confidential data.

The contractor must adopt administrative, technical, and physical safeguards to protect the privacy and confidentiality of the UI data. This includes ensuring that the UI data is sent to securely located fax machines—housed in areas without public access.

A signed WIA UI—DCAF is valid for 12-months. If 12-months have passed and WIA program providers wish to obtain updated UI client information, a new WIA UI—DCAF must be obtained from the client.
Authorization for Release of Information/Records

If the applicant is unable to provide other types of information directly, the contractor may use the Authorization for Release of Information/Records to request data from outside agencies, employers, and individuals.

A signed Authorization for Release of Information/Records is valid for 90 days and used exclusively for obtaining information related to eligibility for WIA funded programs.


INFORMATION AND INQUIRIES:
For information and inquiries please contact Linda Slater, MIS Administrator at (510) 259-3802 or by email at LSlater@acgov.org


ATTACHMENTS:

1. WIA UI – Data Consent Authorization Form (DCAF)
2. Authorization for Release of Information/Records