Provides that certain information shall be kept confidential and redacted or withheld from referees' hearings records or referees' decisions

1 Co-sponsor

• Diane J. Savino

Title of bill

An act to amend the labor law, in relation to protection of certain confidential information

Purpose or general idea of bill

This bill would protect from disclosure certain confidential financial, medical, and personal information contained in the decisions and records of the Unemployment Insurance Appeals Board (UIAB).

Summary of specific provisions

Sections 1 and 2 of the bill would amend Labor Law §§ 620 and 622, respectively, to clarify certain protections of confidential information related to UIAB hearings and appeals.

Section 3 of the bill would provide for an immediate effective date.

Existing law

Labor Law §§ 620 and 622 relate to the conduct of UIAB hearings and appeals.

Labor Law § 620 sets forth requirements for the timing and subject matter of, procedures for, and appeals from referees' hearings.

Labor Law § 622 sets forth the rules governing hearings and appeals, including rules for the introduction of hearing evidence.

Justification

This bill would clarify and reinforce the confidentiality of certain personal information obtained by the UIAB, through its administration of the unemployment insurance program. In 1983, the Court of Appeals, in HERALD COMPANY v. WEISENBERG, 59 NY2d 378 (1983), held that unemployment insurance hearings could not be closed and copies of hearing transcripts could not be denied before news media had had an opportunity, in a proceeding, to object to the closure or denial or to demonstrate the magnitude of genuine public interest in the matter at issue.

While the Department of Labor supports the publication of UIAB decisions as a means of informing employers and claimants of the relevant law governing the conduct of hearings and the approval or disapproval of benefit payments, the HERALD COMPANY decision can lead to the disclosure of information from such hearings that is of a personal nature and adds nothing to the public's understanding of the legal underpinnings of the decision. Records in some hearings may reference instances of domestic abuse, claimant alcoholism or substance abuse, medical conditions faced by claimants or family members and other very personal information. Eliminating this information from decisions in a manner that is consistent with state statutes such as the Freedom of Information Law and the Personal Privacy Protection Act, as well as with federal regulations (i.e., 20 CFR Part 603 et seq.) that post-date the HERALD COMPANY decision and now govern the confidentiality of unemployment insurance information, will ensure the privacy of individual claimants while still allowing the release of the UIAB's decisions.

Prior legislative history

This is a new proposal.

Fiscal implications

This bill would have no fiscal impact.

Effective date

This bill would take effect immediately upon enactment.