§ 60.2-114.01. Furnishing information to consumer reporting agencies.
A. Notwithstanding the provisions of subsection A of § 60.2-114, theCommission shall be authorized to enter into agreements with any consumerreporting agency pursuant to which the consumer reporting agency is providedsecure electronic access to information contained in quarterly wage reportssubmitted to the Commission by employing units, as set forth in this section.
B. The Commission shall:
1. Establish minimum audit, security, net worth, and liability insurancestandards, technological requirements, and any other terms and conditionsdeemed necessary in the discretion of the Commission to safeguard theconfidentiality of the information and to otherwise serve the public interest;
2. Require a contracting consumer reporting agency to pay all costsassociated with the establishment or maintenance of the access to informationprovided for by this section, including but not limited to the costs of anyaudits of the consumer reporting agency or users by the Commission;
3. Be authorized to cancel any contract authorized by this section if theconsumer reporting agency fails to comply with any requirement of thissection or of the contract;
4. Be authorized to provide to a consumer reporting agency only informationregarding the amount of wages for an individual reported by each employingunit, with the employing unit's name and address, as may be further specifiedin the terms of the contract; and
5. Deposit any fees received by the Commission from a consumer reportingagency pursuant to this section into the state treasury for credit to theSpecial Unemployment Compensation Administration Fund pursuant to § 60.2-314.
C. The consumer reporting agency shall:
1. Require that any user of the information shall, prior to obtaining thewage report information, obtain a written consent from the individual to whomthat wage report information pertains. The written consent shall prominentlycontain language specifying the following:
a. The individual's consent to the Commission's disclosure of the wage reportinformation is voluntary, and the individual's refusal to consent to thedisclosure of wage information shall not be the basis for the denial ofcredit;
b. If the consent is granted, the information shall be released to specifiedparties;
c. Authorization by the individual is necessary for the release of wage andemployment history information;
d. The specific application or transaction that constitutes the sole purposefor which the release is made;
e. That Commission files containing wage and employment history informationsubmitted by employers may be accessed; and
f. The identity and address of parties authorized to receive the releasedinformation.
2. Require the use of the information only for purposes permitted under § 604of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681b; and
3. Require that the information released shall be used only to verify theaccuracy of the wage or employment information previously provided by anindividual in connection with a specific transaction, to satisfy the user'sstandard underwriting requirements or those imposed upon the user, and tosatisfy the user's obligations under applicable state or federal fair creditreporting laws.
D. In addition to any limitation on the use or release of the wage reportinginformation set forth in this section, release and use of the informationshall be subject to the privacy laws of the Commonwealth and the federal FairCredit Reporting Act.
E. Except in cases of willful and malicious misconduct, the Commission andits employees shall be immune from any liability in connection withinformation provided under this section, including but not limited toliability with regard to the accuracy or use of the information.
F. An annual audit of a contracted consumer reporting agency shall beconducted by an independent certified public accountant to ensure compliancewith the provisions of this section, and such audit shall be reviewed by theAuditor of Public Accounts.
G. For the purposes of this section, "consumer reporting agency" has themeaning assigned by § 603(f) of the Fair Credit Reporting Act, 15 U.S.C. §1681a(f).
§ 60.2-114.01. Furnishing information to consumer reporting agencies.
A. Notwithstanding the provisions of subsection A of § 60.2-114, theCommission shall be authorized to enter into agreements with any consumerreporting agency pursuant to which the consumer reporting agency is providedsecure electronic access to information contained in quarterly wage reportssubmitted to the Commission by employing units, as set forth in this section.
B. The Commission shall:
1. Establish minimum audit, security, net worth, and liability insurancestandards, technological requirements, and any other terms and conditionsdeemed necessary in the discretion of the Commission to safeguard theconfidentiality of the information and to otherwise serve the public interest;
2. Require a contracting consumer reporting agency to pay all costsassociated with the establishment or maintenance of the access to informationprovided for by this section, including but not limited to the costs of anyaudits of the consumer reporting agency or users by the Commission;
3. Be authorized to cancel any contract authorized by this section if theconsumer reporting agency fails to comply with any requirement of thissection or of the contract;
4. Be authorized to provide to a consumer reporting agency only informationregarding the amount of wages for an individual reported by each employingunit, with the employing unit's name and address, as may be further specifiedin the terms of the contract; and
5. Deposit any fees received by the Commission from a consumer reportingagency pursuant to this section into the state treasury for credit to theSpecial Unemployment Compensation Administration Fund pursuant to § 60.2-314.
C. The consumer reporting agency shall:
1. Require that any user of the information shall, prior to obtaining thewage report information, obtain a written consent from the individual to whomthat wage report information pertains. The written consent shall prominentlycontain language specifying the following:
a. The individual's consent to the Commission's disclosure of the wage reportinformation is voluntary, and the individual's refusal to consent to thedisclosure of wage information shall not be the basis for the denial ofcredit;
b. If the consent is granted, the information shall be released to specifiedparties;
c. Authorization by the individual is necessary for the release of wage andemployment history information;
d. The specific application or transaction that constitutes the sole purposefor which the release is made;
e. That Commission files containing wage and employment history informationsubmitted by employers may be accessed; and
f. The identity and address of parties authorized to receive the releasedinformation.
2. Require the use of the information only for purposes permitted under § 604of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681b; and
3. Require that the information released shall be used only to verify theaccuracy of the wage or employment information previously provided by anindividual in connection with a specific transaction, to satisfy the user'sstandard underwriting requirements or those imposed upon the user, and tosatisfy the user's obligations under applicable state or federal fair creditreporting laws.
D. In addition to any limitation on the use or release of the wage reportinginformation set forth in this section, release and use of the informationshall be subject to the privacy laws of the Commonwealth and the federal FairCredit Reporting Act.
E. Except in cases of willful and malicious misconduct, the Commission andits employees shall be immune from any liability in connection withinformation provided under this section, including but not limited toliability with regard to the accuracy or use of the information.
F. An annual audit of a contracted consumer reporting agency shall beconducted by an independent certified public accountant to ensure compliancewith the provisions of this section, and such audit shall be reviewed by theAuditor of Public Accounts.
G. For the purposes of this section, "consumer reporting agency" has themeaning assigned by § 603(f) of the Fair Credit Reporting Act, 15 U.S.C. §1681a(f).
§ 60.2-114.01. Furnishing information to consumer reporting agencies.
A. Notwithstanding the provisions of subsection A of § 60.2-114, theCommission shall be authorized to enter into agreements with any consumerreporting agency pursuant to which the consumer reporting agency is providedsecure electronic access to information contained in quarterly wage reportssubmitted to the Commission by employing units, as set forth in this section.
B. The Commission shall:
1. Establish minimum audit, security, net worth, and liability insurancestandards, technological requirements, and any other terms and conditionsdeemed necessary in the discretion of the Commission to safeguard theconfidentiality of the information and to otherwise serve the public interest;
2. Require a contracting consumer reporting agency to pay all costsassociated with the establishment or maintenance of the access to informationprovided for by this section, including but not limited to the costs of anyaudits of the consumer reporting agency or users by the Commission;
3. Be authorized to cancel any contract authorized by this section if theconsumer reporting agency fails to comply with any requirement of thissection or of the contract;
4. Be authorized to provide to a consumer reporting agency only informationregarding the amount of wages for an individual reported by each employingunit, with the employing unit's name and address, as may be further specifiedin the terms of the contract; and
5. Deposit any fees received by the Commission from a consumer reportingagency pursuant to this section into the state treasury for credit to theSpecial Unemployment Compensation Administration Fund pursuant to § 60.2-314.
C. The consumer reporting agency shall:
1. Require that any user of the information shall, prior to obtaining thewage report information, obtain a written consent from the individual to whomthat wage report information pertains. The written consent shall prominentlycontain language specifying the following:
a. The individual's consent to the Commission's disclosure of the wage reportinformation is voluntary, and the individual's refusal to consent to thedisclosure of wage information shall not be the basis for the denial ofcredit;
b. If the consent is granted, the information shall be released to specifiedparties;
c. Authorization by the individual is necessary for the release of wage andemployment history information;
d. The specific application or transaction that constitutes the sole purposefor which the release is made;
e. That Commission files containing wage and employment history informationsubmitted by employers may be accessed; and
f. The identity and address of parties authorized to receive the releasedinformation.
2. Require the use of the information only for purposes permitted under § 604of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681b; and
3. Require that the information released shall be used only to verify theaccuracy of the wage or employment information previously provided by anindividual in connection with a specific transaction, to satisfy the user'sstandard underwriting requirements or those imposed upon the user, and tosatisfy the user's obligations under applicable state or federal fair creditreporting laws.
D. In addition to any limitation on the use or release of the wage reportinginformation set forth in this section, release and use of the informationshall be subject to the privacy laws of the Commonwealth and the federal FairCredit Reporting Act.
E. Except in cases of willful and malicious misconduct, the Commission andits employees shall be immune from any liability in connection withinformation provided under this section, including but not limited toliability with regard to the accuracy or use of the information.
F. An annual audit of a contracted consumer reporting agency shall beconducted by an independent certified public accountant to ensure compliancewith the provisions of this section, and such audit shall be reviewed by theAuditor of Public Accounts.
G. For the purposes of this section, "consumer reporting agency" has themeaning assigned by § 603(f) of the Fair Credit Reporting Act, 15 U.S.C. §1681a(f).
