CIPSEA, ConfidentialityCIPSEA, Confidentialityand the and the

ALMIS Database ALMIS Database

Roger TherrienRoger TherrienDirector, Office of ResearchDirector, Office of Research

Connecticut Department of LaborConnecticut Department of Labor

ALMIS Database SeminarALMIS Database SeminarSan Diego, CaliforniaSan Diego, California

August 16, 2005August 16, 2005

CIPSEA

Public Law 107–347

Enacted Dec. 17, 2002

Confidential Information Protection

Statistical Efficiency Actand

Why CIPSEA?

To establish widespread and uniform To establish widespread and uniform confidentiality protections in federal lawconfidentiality protections in federal law

To promote efficiencies through data To promote efficiencies through data sharing between certain federal statistical sharing between certain federal statistical agencies: BLS, BEA and Censusagencies: BLS, BEA and Census

Why CIPSEA?

Establishes statutory authority that Establishes statutory authority that protects confidential dataprotects confidential data

Essential for gaining employer and Essential for gaining employer and individual cooperation in data collectionindividual cooperation in data collection

CIPSEA - Confidentiality Protections Covers information collected for statistical Covers information collected for statistical

purposes under a pledge of confidentialitypurposes under a pledge of confidentiality Fines and penalties Fines and penalties

For “knowing” and “willful” disclosureFor “knowing” and “willful” disclosure Class E felonyClass E felony

Imprisonment for up to 5 yearsImprisonment for up to 5 yearsFine of up to $250,000Fine of up to $250,000

Covers information collected Covers information collected for statistical for statistical purposespurposesCovers information collected for statistical Covers information collected for statistical purposes purposes under a pledge of confidentialityunder a pledge of confidentialityCovers information collected for statistical Covers information collected for statistical purposes under a pledge of confidentialitypurposes under a pledge of confidentiality

BLS Cooperative Agreement

Section S, ConfidentialitySection S, Confidentiality Wording has been added to state that BLS Wording has been added to state that BLS

officers, employees and agents are subject to officers, employees and agents are subject to CIPSEA and other Federal laws governing CIPSEA and other Federal laws governing confidentialityconfidentiality

State Agency agrees to assign a BLS-State State Agency agrees to assign a BLS-State Cooperating Representative and that the Cooperating Representative and that the Cooperating Representative will be designated Cooperating Representative will be designated an agent by BLS and sign a BLS Agent an agent by BLS and sign a BLS Agent Agreement each yearAgreement each year

BLS Agent Agreement

New formNew form New process for approvalNew process for approval

Cooperating Rep provides BLS with a list of Cooperating Rep provides BLS with a list of candidates to be designated as agentscandidates to be designated as agents

BLS Regional Commissioner will review the BLS Regional Commissioner will review the list and prepare an Agent Agreement form for list and prepare an Agent Agreement form for each approved agent candidate and will signify each approved agent candidate and will signify approval by signing the Agent Agreementapproval by signing the Agent Agreement

BLS Agent Agreement (Cont.)

Agent Agreement forms are then forwarded to Agent Agreement forms are then forwarded to the Cooperating Rep who is responsible for the Cooperating Rep who is responsible for ensuring each approved agent candidate signs ensuring each approved agent candidate signs their Agent Agreementtheir Agent Agreement

All signed Agent Agreement are forwarded All signed Agent Agreement are forwarded to the BLS Regional Office, where they are to the BLS Regional Office, where they are maintained on filemaintained on file

As a BLS agent, you are subject to the As a BLS agent, you are subject to the provisions and penalties of federal laws!provisions and penalties of federal laws!

BLS Cooperative Agreement - Other Requirements State Agency agrees to obtain BLS approval State Agency agrees to obtain BLS approval

prior to using the confidential information prior to using the confidential information for any statistical activity not funded under for any statistical activity not funded under the Cooperative Agreementthe Cooperative Agreement

Lists specific steps a state must take upon Lists specific steps a state must take upon receipt of demand for access to confidential receipt of demand for access to confidential informationinformation

For Other Uses of “BLS” Data - BLS-State MOU Why?Why?

USDOL Solicitor interprets the CA as limited to USDOL Solicitor interprets the CA as limited to activities states perform under contract for BLSactivities states perform under contract for BLS

Other uses of the data collected under the CA Other uses of the data collected under the CA must be specifically authorizedmust be specifically authorized

BLS desires to allow the greatest use consistent BLS desires to allow the greatest use consistent with lawwith law

BLS-State MOU is intended to achieve thisBLS-State MOU is intended to achieve this

BLS-State MOU - Pre-approved Statistical Activities Use of OES, QCEW and CES microdata in developing Use of OES, QCEW and CES microdata in developing

State and sub‑State employment projections.State and sub‑State employment projections. Use of CES microdata for developing payroll employment Use of CES microdata for developing payroll employment

estimates in the Automated Current Employment Statistics estimates in the Automated Current Employment Statistics system for areas that are not part of the BLS-defined scope system for areas that are not part of the BLS-defined scope of the program.of the program.

Use of OES microdata for developing estimates for areas Use of OES microdata for developing estimates for areas that are not part of the BLS-defined scope of the program that are not part of the BLS-defined scope of the program using the Estimates Delivery System.using the Estimates Delivery System.

BLS-State MOU - Pre-approved Statistical Activities Use of OES and CES microdata and the CIPSEA protected Use of OES and CES microdata and the CIPSEA protected

QCEW file to develop customized employment and wage QCEW file to develop customized employment and wage aggregations in response to requests from State officials aggregations in response to requests from State officials and others.and others.

Use of the CIPSEA protected QCEW file in sampling or Use of the CIPSEA protected QCEW file in sampling or estimation for non-BLS funded surveys.estimation for non-BLS funded surveys.

Use of nondisclosable data in the MicroMatrix projections Use of nondisclosable data in the MicroMatrix projections system that were derived from the OES, QCEW, and CES system that were derived from the OES, QCEW, and CES programs for developing customized occupational programs for developing customized occupational employment aggregations.employment aggregations.

BLS-State MOU - Other MOU Details Data can only be used for statistical purposesData can only be used for statistical purposes Prescribes process for gaining approval of use for Prescribes process for gaining approval of use for

other statistical activitiesother statistical activities MOU does not in any way relate to data sharing MOU does not in any way relate to data sharing

by states as allowed under state lawsby states as allowed under state laws Access to confidential data is restricted to BLS-Access to confidential data is restricted to BLS-

designated agentsdesignated agents All work must be performed in the state agencyAll work must be performed in the state agency

Pledge of Confidentiality - CES & OES ProgramsCES Form Statement:CES Form Statement:

““The Bureau of Labor Statistics and the The Bureau of Labor Statistics and the State agencies will use this information for State agencies will use this information for statistical purposes onlystatistical purposes only and will hold it in and will hold it in confidence to the full extent permitted by confidence to the full extent permitted by law.”law.”

Pledge of Confidentiality - QCEW ProgramMWR Form:MWR Form:

““The information collected on this form by The information collected on this form by the Bureau of Labor Statistics and the State the Bureau of Labor Statistics and the State agencies cooperating in its statistical agencies cooperating in its statistical programs will be used for statistical and programs will be used for statistical and unemployment insurance purposes, and unemployment insurance purposes, and other purposes in accordance with lawother purposes in accordance with law.”.”

ARS form is similarARS form is similar

Pledges for the QCEW Program

Data collected with this type of statement can Data collected with this type of statement can be released by the states in accordance with be released by the states in accordance with their state law and can therefore be included their state law and can therefore be included in the in the shareable QCEW fileshareable QCEW file..

Improving the QCEW File

LMI Administrative Memo. No. S-04-07 LMI Administrative Memo. No. S-04-07 prohibited inclusion of information prohibited inclusion of information obtained from other BLS Fed/State surveys obtained from other BLS Fed/State surveys (CES, OES, OSHS) into the QCEW (CES, OES, OSHS) into the QCEW programprogram

QCEW Technical Memo No. S-05-04 QCEW Technical Memo No. S-05-04 identifies a method for incorporating these identifies a method for incorporating these updatesupdates

Fact of Discrepancy Process

When CES/OES activities identify a discrepancy:When CES/OES activities identify a discrepancy: Ensure the worksites are identicalEnsure the worksites are identical Use publicly available sources to verify Use publicly available sources to verify

survey informationsurvey information Verify information using QCEW pledgeVerify information using QCEW pledge

Use existing MWR & ARS informationUse existing MWR & ARS information Mail an unclassified (3023 NCA) formMail an unclassified (3023 NCA) form Telephone the respondentTelephone the respondent

Fact of Discrepancy Process (Cont.)

QCEW staff resolves discrepancyQCEW staff resolves discrepancy Notifies RO if a large employer code Notifies RO if a large employer code

changechange Informs the originating program of decision Informs the originating program of decision

and changes QCEW, if warrantedand changes QCEW, if warranted

Changes can only be made to QCEW if the Changes can only be made to QCEW if the employer agrees to uses under the QCEW pledgeemployer agrees to uses under the QCEW pledge

ALMIS Database - What data is confidential? stfirms – individual establishment data from QCEWstfirms – individual establishment data from QCEW

Sharable file only! – sharable to the extent Sharable file only! – sharable to the extent permitted under state lawpermitted under state law

industry – summary level data from the QCEWindustry – summary level data from the QCEW Ensure that it meets the disclosure parameters Ensure that it meets the disclosure parameters

(3 & 80% rule; primary and secondary)(3 & 80% rule; primary and secondary) Contains suppression field to suppress data that Contains suppression field to suppress data that

may reveal info for an individual employermay reveal info for an individual employer

ALMIS Database - What data is confidential? (Cont’d)

mlsclaim – includes individual business and mlsclaim – includes individual business and claimant dataclaimant data

mlsevent – includes individual business data mlsevent – includes individual business data mls – includes summary level MLS datamls – includes summary level MLS data

contains suppression fields to suppress data that contains suppression fields to suppress data that may reveal info for an individual employermay reveal info for an individual employer

This is mostly UI data! It is subject to This is mostly UI data! It is subject to state law, not CIPSEA.state law, not CIPSEA.

ALMIS Database - What data is confidential? (Cont’d)

iomatrix – includes nondisclosable summary data iomatrix – includes nondisclosable summary data from the OES industry-occupation matrixfrom the OES industry-occupation matrix contains suppression fields to suppress data that contains suppression fields to suppress data that

are unreliable and/or may reveal info for an are unreliable and/or may reveal info for an individual employerindividual employer

ces, oeswage, indprj, occprj, stindprj, stoccprjces, oeswage, indprj, occprj, stindprj, stoccprj contain suppression fields to suppress data that contain suppression fields to suppress data that

are unreliable and/or may reveal info for an are unreliable and/or may reveal info for an individual employerindividual employer

Thank You!