Research and Statistics

Notwithstanding any other provision of law, all information, statistics, or data obtained pursuant to a request by the Government, and submitted voluntarily by individuals, organizations, companies or other private entities, and not otherwise compelled by any law, rule or regulation, shall be held in full confidence and not subject to the open government law.

(a)The Director shall make studies and investigations, collect and compile statistical information, and report upon the conditions of labor generally. Such studies may include, but are not limited to, studies of employment and unemployment, labor supply, manpower development and training, wages and hours, industrial relations, working and living conditions, cost of living and prices.

(b)The Director may, with the approval of I Maga’lahi (the Governor), enter into cooperative arrangements with the Director of the Bureau of Statistics and Plans and/or the Guam Economic Development Authority of the government of Guam for the performance by authorized representatives of the Bureau of Statistics and Plans and/or the Guam COL 1/26/2024 DIV. 1 LABOR REGULATIONS CH. 1 DEPARTMENT OF LABOR Economic Development Authority of any duties prescribed in this Section. The performance of duties so delegated to the Bureau of Statistics and Plans and/or the Guam Economic Development Authority shall be subject to the provisions of Title 5, Guam Code Annotated.

(c)Confidentiality Pledge. The Department of Labor shall, in all correspondence relative to the submission of statistical information, keep such information confidential when requested by the Government, and when such information is to be held confidential, such Confidentiality Pledge shall read as follows: “The Department of Labor, its employees, agents, and partner statistical agencies, will use the information you provide for statistical purposes only, and will hold such information in confidence to the full extent permitted by law. In accordance with the Department of Labor Confidentiality Act (22 GCA, Ch. 1, § 1111), our responses will not be disclosed in identifiable form without your informed consent.”

(d)Confidentiality of Information. Neither the Director of the Department of Labor, nor any employee of the Department of Labor and the Bureau of Statistics and Plans, to include any bureau, office, or agency thereof, and except as otherwise provided by law, may:

(1)use the information furnished under the provisions of this Article for any purpose other than the statistical purpose for which it is supplied;

(2)make any publication whereby the data furnished by any particular establishment or individual under this Article can be identified, without informed consent; or

(3)permit anyone other than the sworn officers and employees of the Department of Labor, or bureau, COL 1/26/2024 DIV. 1 LABOR REGULATIONS CH. 1 DEPARTMENT OF LABOR office, or agency therefor to examine the individual reports.

(e)Disclosure to partner statistical agencies is limited to statistical purposes, and only if the statistical agency has statutory confidentiality protections immune from legal process and disclosure under freedom of information acts.

(f)Disclosure of Information. No department, bureau, agency, officer, or employee of the government, may require, for any reason, copies of census reports or statistical information which have been retained by any such establishment or individual. Copies of census reports and statistical information which have been so retained shall be immune from legal process, and shall not, without the consent of the individual or establishment concerned, be admitted as evidence or used for any purpose in any action, suit or other judicial or administrative proceeding.

(g)Fines and Penalties. Whoever, being an officer, employee, or agent of an agency acquiring information for exclusively statistical purposes, comes into possession of such information by reason of his or her being an officer, employee, or agent and, knowing that the disclosure of the specific information is prohibited under the provisions of this Title, willingly discloses the information in any manner to a person or agency not entitled to receive it, shall be fined not more than One Thousand Dollars ($1,000.00), or imprisoned not more than one

(1)year, or both.