Pursuant to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act,when the government requests confidential information from employers about their employees,the employer can choose not to cooperate:

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Pursuant to the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act, when the government requests confidential information from employers about their employees, the employer can choose not to cooperate and ask instead for permission to seek employee authorization to release the requested information. They can also voluntarily cooperate with law enforcement by providing, upon request (as part of an ongoing investigation), confidential employee information, or request to receive a subpoena, search warrant, or Foreign Intelligence Surveillance Act order from the federal agency before disclosing an employee's confidential information.