Narrative: III. b. 6. D.

SCOPE

WorkForce West Virginia is an agency within the West Virginia Department of Commerce. This Privacy Notice Summary is based on the West Virginia Department of Commerce Privacy Policy; however, it is specific to WorkForce West Virginia.

PERSONAL INFORMATION

• We need certain personal and non–personal information to assist you with your employment, unemployment and training needs.

• The Personally Identifiable Information (PII) we collect may include your name, address, social security number, date of birth and more.

USES OF INFORMATION

• By West Virginia law and the Privacy Act of 1974, we must collect certain PII to assist you. Without certain PII, we may not be able to determine the services for which you are eligible, such as Unemployment Insurance benefits.

• The information we collect may be combined with information obtained from other Executive Branch Departments’ websites and services.

• We use personal information for purposes that relate to the reason you provide it. If information is used for another purpose, we will obtain your permission.

• For purposes matching the reason you provided, we may share your information with other state and federal agencies for the limited purpose of data processing or storage.

• In certain cases, we may share your information when required by state or federal law.

• Your information may be shared with others we have hired to assist us; however, all staff and contractors are bound by a West Virginia Executive Branch Confidentiality Agreement.

• We do not sell or rent your PII to third parties for marketing purposes.

• We may share non–personal, aggregated, or de–identified data for purposes related to improving our business practices.

YOUR RIGHTS AND CHOICES

• You have the right to review the personal information you provide us and to update or correct that information.

• If you have consented to an electronic exchange of information, you may cancel that consent by following the instructions in the email you receive.

• If you provide any information to any of our agency websites, you may choose to remove it at any time, except where such information is required by state or federal regulation.

SECURITY

• WorkForce West Virginia computer systems are constructed and maintained by WorkForce West Virginia agency staff, the West Virginia Office of Technology, and/or WorkForce West Virginia and state approved contractors.

• Regardless of the system or personnel responsible for it, multiple techniques and technologies are used to protect your PII. This means we use industry standards and several in–house safeguards to protect your information.

HOW TO CONTACT US

• For more information on our privacy requirements and practices, please call 800–252–5627 and your call will be directed to the WorkForce West Virginia Privacy Officer for response.

Sharing Your Information

By enrolling with WorkForce West Virginia, you agree that WorkForce West Virginia and its mandated partners may access and use all of the information contained within your application in order to best assist you in obtaining employment and in determining your eligibility for training and other services. These services may include testing, assessment, placement services and career counseling, and we may share test scores and job eligibility data with our partners to best serve you. Personal information such as race, ethnicity, sex and disability status is being requested for federal record keeping and reporting requirements and is kept confidential; however, it may be shared with the partners to determine your eligibility for specific programs.

WorkForce West Virginia Partner Agencies

• Adult Education and Literacy Services

• Vocational Rehabilitation Services

• Post–Secondary Carl Perkins Vocational and Applied Technology Education Services

• Welfare–to–Work Funded Under Social Security Act

• Senior Community Service

• Veterans Workforce Programs

• Community Services Block Grant (Community Action)

• Housing & Urban Development (HUD) Employment & Training Programs

• Native American Programs

• Job Corps

• Migrant & Seasonal Farmworker (MSFW) Services

• Temporary Assistance to Needy Families (TANF)

• Food Stamp Employment & Training

• Navigator Program

Civil Rights Statement – Equal Opportunity is the Law!

It is against the law for this recipient of Federal financial assistance to discriminate on the following basis:

• Against any individual in the United States, on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief; and

• Against any beneficiary of programs under Title I of the WorkForce Innovation and Opportunity Act (WIOA), on the basis of citizenship/lawful residence/work status or participation in any WIA Title I–financially assisted program or activity.

The recipient must not discriminate in any of the following areas:

Deciding who will be admitted, or have access, to any WIOA Title I–funded program or activity: Providing opportunities in, or treating any person with regard to, such a program or activity; or making employment decisions in the administration of, or in connection with, such a program or activity. What to do if you believe you have experienced discrimination:

If you think that you have been subjected to discrimination under WIOA Title I–funded program or activity, you may file a complaint within 180 days from the date of the alleged violation with either the recipient: Equal Opportunity Officer, WorkForce West Virginia, 112 California Avenue, Charleston, WV 25305,304–558–1600; 304–558–1549 (TDD)

The Director, Civil Rights Center, (CRC), U.S. Department of Labor, 200 Constitution Avenue NW, Room N– 4123, Washington, DC 20210, 202–693–6502; 202–693–6516/16 (TTY).

If you file a complaint with the recipient, you must wait either until the recipient issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address above). If the recipient does not give you a written Notice of Final Action within 90 days of the day on which you filed your complaint, you do not have to wait for the recipient to issue that Notice before filing a complaint with the CRC. However, you must file your CRC complaint within 30 days of the 90–day deadline (in other words, within 120 days after you filed your complaint with the recipient). If the recipient does give you a written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file your CRC complaint within 30 days of the date on which you received the Notice of Final Action.

To apply for jobs you must be a United States citizen, a permanent resident alien, or be authorized to work in the United States.

WV DIVISION OF REHABILITATION

West Virginia Division of Rehabilitation Services staff are required to complete a confidentiality agreement. The agreement is utilized to ensure that all West Virginia Division of Rehabilitation Services staff with access to protected information or any other information deemed confidential, fully understand their obligations to limit their use of such information and to protect such information from disclosure. The agreement also details special attention items, as well as definitions of different types of information including personal health information (PHI), personally identifiable information (PII), sensitive personally identifiable information (SPII), and non–public personal information (NPII). The confidentiality agreement pertains to information in all forms, including electronic and paper.

WV ADULT EDUCATION

Handling Strictly Confidential Information

If a student discloses any of the following types of information (verbally or in writing), legally that information is to be considered strictly confidential and therefore “private”:

• Disclosure of a diagnosed learning disability • Disclosure of previous status as a "special education" student • Disclosure of any other type of diagnosed physical or mental disability • Disclosure of a diagnosed medical condition • Disclosure of use of any prescription drugs • Disclosure of history of drug/alcohol abuse and/or treatment • Disclosure of status as HIV positive or of having the AIDS virus • Official transcripts including TASC or GED® scores

Filing cabinets or drawers containing strictly confidential information must be labeled as “Confidential.” They must remain locked, must not be accessible to students or support staff, and must have a log filed foremost in each locked drawer to indicate when confidential files are accessed by any instructional or administrative staff person. The log must indicate the date, the purpose for access, and the name of the person accessing information.

Strictly confidential information files should be maintained at the local program level for a period of not less than five years and must be shredded when discarded.

Strictly confidential information regarding a student cannot be discussed, nor can any record be shared without a written release of information.

Instructors need to sign the WVAdultEd Personnel Confidentiality Agreement. This should be maintained by the administrator in the personnel file.