Ohio Admin. Code 109-4-02 - Procedures for accessing confidential personal information
For personal information systems, whether manual or computer systems, that contain confidential personal information, the office shall do the following:
(A)
Criteria for
accessing confidential personal information. Personal information systems of
the office are managed on a "need-to-know" basis whereby the information owner
determines the level of access required for an employee of the office to
fulfill his/her job duties. The determination of access to confidential
personal information shall be approved by the employee's supervisor and the
information owner prior to providing the employee with access to confidential
personal information within a personal information system. The office shall
establish procedures for determining a revision to an employee's access to
confidential personal information upon a change to that employee's job duties
including, but not limited to, transfer or termination. Whenever an employee's
job duties no longer require access to confidential personal information in a
personal information system, the employee's access to confidential personal
information shall be removed.
(B)
Individual's
request for a list of confidential personal information. Upon the signed
written request of any individual for a list of confidential personal
information about the individual maintained by the office, the office shall do
all of the following:
(1)
Verify the identity of the individual by a method that
provides safeguards commensurate with the risk associated with the confidential
personal information;
(2)
Provide to the individual the list of confidential
personal information that does not relate to an investigation about the
individual or is otherwise not excluded from the scope of Chapter 1347. of the
Revised Code; and
(3)
If all information relates to an investigation about
that individual, inform the individual that the office has no confidential
personal information about the individual that is responsive to the
individual's request.
(C)
Notice of
invalid access.
(1)
Upon discovery or notification that confidential
personal information of a person has been accessed by an employee for an
invalid reason, the office shall notify the person whose information was
invalidly accessed as soon as practical and to the extent known at the time.
However, the office shall delay notification for a period of time necessary to
ensure that the notification would not delay or impede an investigation or
jeopardize homeland or national security. Additionally, the office may delay
the notification consistent with any measures necessary to determine the scope
of the invalid access, including which individuals' confidential personal
information invalidly was accessed, and to restore the reasonable integrity of
the system.
"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the office determines that notification would not delay or impede an investigation, the office shall disclose the access to confidential personal information made for an invalid reason to the person.
(2)
Notification provided by the office shall inform the person of the type of
confidential personal information accessed and the date(s) of the invalid
access.
(3)
Notification may be made by any method reasonably
designed to accurately inform the person of the invalid access, including
written, electronic, or telephone notice.
(D)
Pursuant to
section 1347.04 of the Revised Code, the
bureau of criminal identification and investigation, the Ohio peace officers'
training academy, and any other section or unit of the office that performs as
its principal function any activity relating to the enforcement of the criminal
laws, are exempt from the requirements of this rule.
(E)
Appointment of a
data privacy point of contact. The attorney general shall designate an employee
to serve as the data privacy point of contact. The data privacy point of
contact shall work with the chief privacy officer within the office of
information technology to assist the office with both the implementation of
privacy protections for the confidential personal information that the office
maintains and compliance with section
1347.15 of the Revised Code and
the rules adopted pursuant to the authority provided by the chapter.
(F)
Completion of a privacy impact assessment. The office's data privacy point of
contact shall timely complete the privacy impact assessment form developed by
the office of information technology.
Notes
Promulgated Under: 119.03
Statutory Authority: 1347.15(B)
Rule Amplifies: 1347.15
Prior Effective Dates: 02/01/2011
Promulgated Under: 119.03
Statutory Authority: 1347.15(B)
Rule Amplifies: 1347.15
Prior Effective Dates: 2/1/2011
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