                                 CODE OF VIRGINIA

FURNISHING INFORMATION TO CONSUMER REPORTING AGENCIES (§ 60.2-114.01)

A. Notwithstanding the provisions of subsection A of &#xA7; 60.2-114, the
Commission shall be authorized to enter into agreements with any consumer
reporting agency pursuant to which the consumer reporting agency is provided
secure electronic access to information contained in quarterly wage reports
submitted 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 insurance
   standards, technological requirements, and any other terms and conditions
   deemed necessary in the discretion of the Commission to safeguard the
   confidentiality of the information and to otherwise serve the public interest;

   2. Require a contracting consumer reporting agency to pay all costs associated
   with the establishment or maintenance of the access to information provided
   for by this section, including but not limited to the costs of any audits of
   the consumer reporting agency or users by the Commission;

   3. Be authorized to cancel any contract authorized by this section if the
   consumer reporting agency fails to comply with any requirement of this section
   or of the contract;

   4. Be authorized to provide to a consumer reporting agency only information
   regarding the amount of wages for an individual reported by each employing
   unit, with the employing unit&#8217;s name and address, as may be further
   specified in the terms of the contract; and

   5. Deposit any fees received by the Commission from a consumer reporting
   agency pursuant to this section into the state treasury for credit to the
   Special Unemployment Compensation Administration Fund pursuant to &#xA7;
   60.2-314.

C. The consumer reporting agency shall:

   1. Require that any user of the information shall, prior to obtaining the wage
   report information, obtain a written consent from the individual to whom that
   wage report information pertains. The written consent shall prominently
   contain language specifying the following:
   				a. The individual&#8217;s consent to the Commission&#8217;s disclosure of
   the wage report information is voluntary, and the individual&#8217;s refusal
   to consent to the disclosure of wage information shall not be the basis for
   the denial of credit;
   				b. If the consent is granted, the information shall be released to
   specified parties;
   				c. Authorization by the individual is necessary for the release of wage
   and employment history information;
   				d. The specific application or transaction that constitutes the sole
   purpose for which the release is made;
   				e. That Commission files containing wage and employment history
   information submitted by employers may be accessed; and
   				f. The identity and address of parties authorized to receive the released
   information.

   2. Require the use of the information only for purposes permitted under &#xA7;
   604 of the federal Fair Credit Reporting Act, 15 U.S.C. &#xA7; 1681b; and

   3. Require that the information released shall be used only to verify the
   accuracy of the wage or employment information previously provided by an
   individual in connection with a specific transaction, to satisfy the
   user&#8217;s standard underwriting requirements or those imposed upon the
   user, and to satisfy the user&#8217;s obligations under applicable state or
   federal fair credit reporting laws.

D. In addition to any limitation on the use or release of the wage reporting
information set forth in this section, release and use of the information shall
be subject to the privacy laws of the Commonwealth and the federal Fair Credit
Reporting Act.

E. Except in cases of willful and malicious misconduct, the Commission and its
employees shall be immune from any liability in connection with information
provided under this section, including but not limited to liability with regard
to the accuracy or use of the information.

F. An annual audit of a contracted consumer reporting agency shall be conducted
by an independent certified public accountant to ensure compliance with the
provisions of this section, and such audit shall be reviewed by the Auditor of
Public Accounts.

G. For the purposes of this section, &#8220;consumer reporting agency&#8221; has
the meaning assigned by &#xA7; 603(f) of the Fair Credit Reporting Act, 15
U.S.C. &#xA7; 1681a (f).

HISTORY: 2005, c. 944.