Employment Development Department: disclosure of wage information: qualified third-party vendors.
What changed between versions
A new Section 1094.1 is added to the Unemployment Insurance Code, expanding the bill's scope from purely judicial disqualification to also cover wage data privacy and disclosure to third-party consumer reporting agencies.
The original judicial disqualification provisions (extending peremptory challenges to appellate court justices after California Supreme Court reversal) are retained but renumbered as Sections 1 and 2, with the new wage data provisions inserted as the first section of the bill.
New definitions are established for 'permissible use' (credit granting, residential leasing, employment screening, insurance or government transactions), 'qualified third-party vendor' (a consumer reporting agency with contracts in at least 3 states, systems integration in at least 1 state, and review by the US Department of Labor), 'subscriber,' and 'wage information' (employee name, SSN, employer name, and quarterly wages).
The Employment Development Department must release an employee's wage information to a qualified third-party vendor if the employee provides written permission, must allow electronic transmission of that data at the employee's request, and must enter into an agreement with the vendor for this purpose.
Subscribers (entities paying the vendor for reports) may only receive wage information for a permissible use, only if the employee has given written permission authorizing release to that subscriber, and may not resell or redisclose the information.
The department is prohibited from expending state funds to execute the agreement with a qualified third-party vendor. Instead, it must charge and collect fees from the vendor to cover startup costs and administration expenses, consistent with 20 CFR Part 603.
A new misdemeanor is created for any person who knowingly accesses, uses, or discloses information made confidential under the new section without authorization. This makes the bill a state-mandated local program (changed from 'no' to 'yes' in the fiscal note).