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WASHINGTON STATE DEPARTMENT OF REVENUE PROTECTING CONFIDENTIAL TAX INFORMATION
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REMEMBER TO “TAKE FIVE”!! BEFORE GIVING OUT INFORMATION, ASK YOURSELF: “IS THIS CONFIDENTIAL TAXPAYER INFORMATION?”
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CONFIDENTIALITY LAWS RCW 42.56.230(3) (PUBLIC RECORDS) RCW 82.32.330 (EXCISE TAX) RCW 84.08.210 (PROPERTY TAX) RCW 84.40.020 (PROPERTY TAX) RCW 84.40.340 (PROPERTY. TAX) RCW 70.158.050(2) (TOBACCO MFRS)
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GET COPIES OF THE LAWS THE REVISED CODE OF WASHINGTON (RCW) IS AVAILABLE THROUGH THE INTERNET ON THE WASHINGTON LEGISLATURE’S WEBSITE http://apps.leg.wa.gov/rcw/
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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
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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
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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 82.32.330(3)( l )
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OK TO DISCLOSE, ACCORDING TO RCW 82.32.330(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
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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
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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
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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
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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 E-MAIL MESSAGE, OR IN AN ATTACHMENT TO AN E-MAIL MESSAGE
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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 E-MAIL (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)
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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)
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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
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PENALTIES WHAT ARE PENALTIES FOR BREACH OF CONFIDENTIALITY? RCW 82.32.330 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
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NOTIFICATION OF ELECTRONIC SECURITY BREACHES RCW 42.17.31922 “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”
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QUESTIONS? CALL DOR FOR HELP !
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DEPARTMENT OF REVENUE STAFF TIFFANY JOHNSON, LOCAL TAX MANAGER TIFFANYJ@DOR.WA.GOVTIFFANYJ@DOR.WA.GOV 360/902-7122 MAUREEN O’CONNELL, PUBLIC RECORDS OFFICER’S DESIGNEE MAUREENO@DOR.WA.GOV 360/705-6647 MAUREENO@DOR.WA.GOV SUZANNE MAGER, PUBLIC RECORDS COUNSEL SUZANNEM@DOR.WA.GOVSUZANNEM@DOR.WA.GOV 360/705-6641
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QUESTIONS???
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