§ 537. Disclosures prohibited. 1. a. Unemployment insurance\ninformation. (i) Unemployment insurance information is information\ncontained in the records of the department pertaining to the\nadministration of this article, including information obtained by the\ndepartment from employers and employees pursuant to this article. The\nterm includes wage reporting information obtained by the department from\nthe state department of taxation and finance pursuant to subdivision\nfour of section one hundred seventy-one-a and paragraph four of\nsubsection (a) of section six hundred seventy-four of the tax law. It\nfurther includes information in the state directory of new hires that\nhas been disclosed to the department for use in the unemployment\ninsurance program. Such information does not include the personnel or\ngeneral fiscal information of the department or information in the\npublic domain.\n (ii) For purposes of this paragraph, the term public domain means: (A)\ninformation about the department and the unemployment insurance appeal\nboard; (B) information about applicable state and federal law, rules and\nregulations pertaining to unemployment insurance, including\ninterpretations thereof and statements of general policy and\ninterpretations of general applicability but excluding investigative\nmanuals and procedures pertaining to unemployment insurance; and (C) any\nagreements relating to the administration of this article.\nNotwithstanding the foregoing, nothing in this subdivision shall be\nconstrued to limit, restrict, or abrogate the department's right to deny\naccess to any records pursuant to the provisions of the public officers\nlaw.\n b. Use of unemployment insurance information. Unemployment insurance\ninformation shall be for the exclusive use and information of the\ncommissioner in the discharge of his or her duties under this chapter\nand shall not be open to the public nor be used in any court in any\naction or proceeding pending therein unless the commissioner is a party\nto such action or proceeding, or such action or proceeding involves\ninformation provided pursuant to paragraph g of subdivision three of\nthis section, notwithstanding any other provisions of law. Such\ninformation insofar as it is material to the making and determination of\na claim for benefits or to adjudicating a claim for benefits shall be\navailable to the parties affected and, in the commissioner's discretion,\nmay be made available to the parties affected in connection with\neffecting placement.\n c. Disclosure of unemployment insurance information to an individual\nor employer. (i) The department may disclose unemployment insurance\ninformation about an individual to such individual or unemployment\ninsurance information about an employer to such employer. As a condition\nto making such disclosure, the department shall require a written\nauthorization to disclose such information from the individual or\nemployer in a form acceptable to the department together with such proof\nof identity or authorization to act on behalf of the individual or\nemployer as the commissioner shall deem appropriate. Notwithstanding the\nforegoing, except as may otherwise be authorized under paragraph b of\nthis subdivision, this paragraph shall not be construed to authorize the\ndepartment to disclose information acquired from an employer under this\narticle to an individual or information acquired from an employee under\nthis article to an employer.\n (ii) Nothing in this subdivision shall be construed to prohibit the\ndisclosure of the wage reporting information obtained by the department\nfrom the department of taxation and finance pursuant to subdivision four\nof section one hundred seventy-one-a and paragraph four of subsection\n(a) of section six hundred seventy-four of the tax law pertaining to an\nindividual to such individual or pertaining to an employer to such\nemployer.\n d. Disclosure upon informed consent. (i) The department may discl
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