WASHINGTON STATE DEPARTMENT OF REVENUE PROTECTING CONFIDENTIAL TAX INFORMATION

REMEMBER TO “TAKE FIVE”!! BEFORE GIVING OUT INFORMATION, ASK YOURSELF: “IS THIS CONFIDENTIAL TAXPAYER INFORMATION?”

CONFIDENTIALITY LAWS  RCW (3) (PUBLIC RECORDS)  RCW (EXCISE TAX)  RCW (PROPERTY TAX)  RCW (PROPERTY TAX)  RCW (PROPERTY. TAX)  RCW (2) (TOBACCO MFRS)

GET COPIES OF THE LAWS  THE REVISED CODE OF WASHINGTON (RCW) IS AVAILABLE THROUGH THE INTERNET ON THE WASHINGTON LEGISLATURE’S WEBSITE 

EXAMPLES OF CONFIDENTIAL TAX INFO  SOCIAL SECURITY NUMBERS  BUSINESS PHONE NUMBERS OR E- MAIL ADDRESSES LISTED WITH DEPT. OF REVENUE  WHETHER A BUSINESS FILES ITS TAXES MONTHLY, QUARTERLY, OR ANNUALLY

UNAUTHORIZED DISCLOSURE OF TAX INFORMATION  DON’T GIVE TAX INFORMATION TO A TAXPAYER’S: LAWYER SPOUSE (unless listed in record as taxpayer) PERSON WITH GENERAL POWER OF ATTORNEY FOR THE TAXPAYER FORMER BUSINESS PARTNER, EXCEPT FOR TIME PERIOD THEY SHARED OWNERSHIP OF THE BUSINESS  DON’T GIVE TAX INFORMATION CONCERNING HOTELS, B&Bs, ETC. TO CHAMBERS OF COMMERCE OR TOURISM BOARDS  UNDER THE TAX LAW THEY ARE NOT AUTHORIZED TO HAVE ACCESS TO A TAXPAYER’S CONFIDENTIAL INFO

WHAT’S OK TO GIVE OUT?  INFORMATION THAT’S AVAILABLE ON DOR’S BUSINESS RECORDS DATABASE CAN BE DISCLOSED TO ANYONE DOR.WA.GOV/CONTENT/BRD  INFORMATION IDENTIFIED IN RCW (3)( l )

OK TO DISCLOSE, ACCORDING TO RCW (3)  TAXPAYER NAME & TRADE NAME  ENTITY TYPE  BUSINESS ADDRESS  MAILING ADDRESS  TAX REGISTRATION/UBI NUMBERS  NAICS OR SIC CODES  DATES OF BUSINESS OPENING AND CLOSING  REET CONTROLLING INTEREST INFO

USE INFORMATION ONLY FOR PURPOSE AUTHORIZED  DATA-SHARING AGREEMENTS SET OUT THE ONLY PURPOSES AUTHORIZED  EACH EMPLOYEE WITH ACCESS TO TAX INFO MUST KNOW AND UNDERSTAND LIMITATIONS ON USE OF TAX INFO  IF YOUR NEEDS FOR USE OF THE INFO CHANGE OR EXPAND, GET A NEW OR AMENDED DATA-SHARING AGREEMENT

WHO MAY HAVE ACCESS TO TAX INFORMATION?  ONLY THOSE AUTHORIZED MAY HAVE ACCESS TO TAX INFORMATION  ONLY THOSE WITH NOTARIZED SECRECY CLAUSE AFFIDAVITS ON FILE WITH CITY AND WITH DOR MAY BE AUTHORIZED  MAKE SURE YOUR CONTRACTORS HAVE NOTARTIZED AFFIDAVITS ON FILE  IF USING ON-LINE DATA, ACCESS IS GRANTED TO EACH INDIVIDUAL—CAN’T SHARE ANOTHER PERSON’S ON-LINE ACCESS

SECRECY CLAUSE AFFIDAVITS  WHO? EACH EMPLOYEE OR AGENT WITH ACCESS TO CONFIDENTIAL TAX INFORMATION  WHEN? BEFORE ACCESS TO TAX INFORMATION UPDATE IF ANY PERSONNEL CHANGES  HOW? NOTARIZED  WHERE? KEPT ON FILE BY EACH CITY AND SUBMITTED TO DEPT. OF REVENUE  WHY? ASSURE UNDERSTANDING OF LAWS AND PENALTIES FOR VIOLATION

DATA SECURITY  KEEP ALL DATA SECURE, REGARDLESS OF MEDIUM  BEST PRACTICES: DON’T PRINT OUT TAX INFO YOU DON’T NEED TO  OK to print out to give to a taxpayer, but be sure you’re standing by the printer as the document prints! DON’T COPY OR DOWNLOAD TAX INFO ELECTRONICALLY UNLESS YOU REALLY NEED TO DON’T COMMUNICATE ANY TAX INFO IN AN MESSAGE, OR IN AN ATTACHMENT TO AN MESSAGE

DATA SECURITY (cont’d)  ELECTRONIC DATA PCs  PROTECT ACCESS WITH ADEQUATE PASSWORDS  AUTOMATIC SCREENSAVER AFTER SHORT PERIOD OF TIME  MAKE SURE SCREENS NOT VIEWABLE BY OTHERS (Don’t use to communicate tax info!) LAPTOPS (Don’t download tax info onto laptops unless you’ll be able to keep them secure at all times) CDs and DATA STICKS (Don’t download tax info unless you must, and keep secure always)

DATA SECURITY (cont’d)  HARD COPIES-if you must print out tax info  DON’T LEAVE DOCUMENTS ON DESKS/COUNTERS/IN A CAR  LOCK UP DOCUMENTS (in office, desk, file drawer, etc.)  IF LOCKS AREN’T FEASIBLE, DESTROY COPIES AT END OF EACH DAY (check with your records retention expert to make sure it’s ok)

DATA SECURITY (cont’d)  HARD COPIES (cont’d) DON’T THROW TAX INFO IN TRASH BIN! PAPER MUST BE MADE ILLEGIBLE BY DISPOSAL PROCESS (SHRED, BURN, HYDROPULP) ONLY AUTHORIZED PERSONS MAY TAKE DOCUMENTS TO DESTROY THEM (Don’t just hand them to the janitor to shred) IF DESTROYED BY CONTRACTOR OR OFF-SITE, MAKE SURE TRANSPORTATION AND DESTRUCTION ARE SECURE

PENALTIES  WHAT ARE PENALTIES FOR BREACH OF CONFIDENTIALITY? RCW  MISDEMEANOR  SANCTIONS INCLUDE:  UP TO $1000 FINE  UP TO 90 DAYS IN JAIL  LOSS OF JOB  BARRED FROM EMPLOYMENT BY STATE OR LOCAL GOVERNMENT FOR TWO YEARS

NOTIFICATION OF ELECTRONIC SECURITY BREACHES  RCW  “UNAUTHORIZED ACQUISITION OF [UNENCRYPTED] COMPUTERIZED DATA THAT COMPROMISED THE SECURITY, CONFIDENTIALITY, OR INTEGRITY OF PERSONAL INFORMATION MAINTAINED BY THE AGENCY”  NOTICE IN “MOST EXPEDIENT TIME POSSIBLE AND WITHOUT UNREASONABLE DELAY”

QUESTIONS? CALL DOR FOR HELP !

DEPARTMENT OF REVENUE STAFF  TIFFANY JOHNSON, LOCAL TAX MANAGER 360/  MAUREEN O’CONNELL, PUBLIC RECORDS OFFICER’S DESIGNEE 360/  SUZANNE MAGER, PUBLIC RECORDS COUNSEL 360/

QUESTIONS???