                                 CODE OF VIRGINIA

WORKFORCE PROGRAM EVALUATIONS; SHARING OF CERTAIN DATA; PROHIBITED USES; CIVIL
PENALTY (§ 2.2-2041)

A. To the extent permitted under state and federal law, the agencies specified
in subsection D shall share data from within their respective databases to (i)
develop meaningful analyses and evaluations of workforce programs required by
subdivision B 8 of &#xA7; 2.2-214.3 and clause (i) of subdivision B 10 of &#xA7;
2.2-214.3; (ii) meet state and federal reporting requirements; (iii) improve
coordination, outcomes, and efficiency across public workforce programs and
partner organizations; (iv) enable the development of comprehensive
consumer-facing software applications; (v) support requirements for
performance-driven contracts; and (vi) support workforce initiatives developed
by the General Assembly or the Governor.

B. Data shared pursuant to subsection A shall include only the identifying and
attribute information required to match entities across programs, support the
coordination of services, and evaluate outcomes, shall be encrypted, and shall
be transmitted to the Governor or his designee. Upon receipt of such data, the
Governor or his designee shall maintain the data in an encrypted state pursuant
to &#xA7; 2.2-2009 and restrict data sharing according to the Virginia Workforce
Data Trust memorandum of understanding.
			The agencies specified in subsection D shall enter into a memorandum of
understanding supporting the Virginia Workforce Data Trust and the associated
application ecosystem. Such memorandum of understanding shall include provisions
for authorizing bona fide research requests that are related to the data sharing
referenced in subsection A. In accordance with the governance process defined in
such memorandum of understanding, the data sharing referenced in subsection A
shall be accomplished by integrating additional organizations, systems, data
elements, and functionality into the Virginia Workforce Data Trust.

C. The Governor or his designee and all agencies authorized under this section
shall destroy or erase all shared data upon completion of all required
evaluations and analyses. The Governor may retain a third-party entity to assist
with the evaluation and analysis.

D. The data from the following agencies relating to workforce development
programs, workforce education and training programs, and workforce services
programs as those terms are defined in § 2.2-2036 shall be shared solely to
achieve the purposes specified in subsection A:

   1. Virginia Employment Commission: Unemployment Insurance;

   2. Virginia Community College System: Postsecondary Career and Technical
   Education;

   3. Department for Aging and Rehabilitative Services: Vocational Rehabilitation
   and Senior Community Services Employment Program;

   4. Department for the Blind and Vision Impaired: Vocational Rehabilitation;

   5. Department of Education: Special Education and Career and Technical
   Education;

   6. Department of Social Services: Supplemental Nutrition Assistance Program,
   Virginia Initiative for Education and Work;

   7. Virginia Economic Development Partnership Authority: Virginia Jobs
   Investment Program;

   8. Department of Juvenile Justice: Youth Industries and Institutional Work
   Programs, Career and Technical Education Programs;

   9. Department of Corrections: Career and Technical Education Programs;

   10. The State Council of Higher Education for Virginia: certifications,
   certificates, and degrees;

   11. Department of Veterans Services: Virginia Values Veterans;

   12. Department of Workforce Development and Advancement: Apprenticeship, Job
   Service, Reemployment Services and Eligibility Assessment program, Trade
   Adjustment Assistance Program Act, Veterans Employment Training Programs,
   Innovative Internship Program, Workforce Innovation and Opportunity Act of
   2014 (P.L. 113-128) Titles I and III, and other workforce development programs
   of the Department as determined by the Commissioner; and

   13. Any other agencies as deemed necessary by the Secretary of Labor, the
   Chief Data Officer, and the Commissioner.

E. Nothing in this section shall prohibit the inclusion of data from other
sources deemed beneficial by the Secretary of Labor, the Chief Data Officer, and
the Commissioner.

F. Agencies participating in the Virginia Longitudinal Data System and the
Virginia Workforce Data Trust shall meet annually and work with the Office of
Data Governance and Analytics for the purpose of coordinating responses to
changes in data collection of the participating agencies and the needs of the
Commonwealth with respect to workforce development and education policy
development. Subject to the approval by each participating agency, the Virginia
Longitudinal Data System and the Virginia Workforce Data Trust may develop
processes to facilitate intersystem operability and communication between the
two entities for research and analysis purposes.

G. All agencies providing information to the Virginia Workforce Data Trust shall
be prohibited from disclosing any personal information or data, except as
required under this section or other state law or federal law, or to accomplish
a proper purpose of the agency.

H. Any person alleging a violation of this section may bring a civil action for
appropriate injunctive relief. A court rendering judgment in favor of a
complainant pursuant to this subsection shall award all or a portion of the
costs of litigation, including reasonable attorney fees and witness fees, to the
complainant.

HISTORY: 2023, cc. 624, 625; 2024, c. 507.