Ohio Admin. Code 120-3-02 - Procedures for accessing confidential personal information
(A)
Criteria for accessing confidential personal
information. Personal information systems of the agency are managed on a
"need-to-know" basis, whereby the information owner determines the level of
access required for an employee of the agency to fulfill the employee's 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 agency 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 requests 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
agency, the agency shall:
(1)
Verify the identity of the individual by a method that
provides safeguards commensurate with the risk associated with the confidential
personal information; and
(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 agency 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 agency shall notify
the person whose information was invalidly accessed as soon as practical and to
the extent known at the time. However, the agency 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 agency 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.
Once the agency determines that notification would not delay or impede an investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information, the agency shall disclose the invalid access to confidential personal information to the person who information was invalidly accessed.
(2)
Notification
provided by the agency shall inform the person of the type of confidential
personal information accessed and the dates 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)
Appointment of a
data privacy point of contact. The agency director shall designate an employee
of the agency 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 agency with both the implementation of
privacy protections for the confidential personal information that the agency
maintains and compliance with section
1347.15 of the Revised Code and
the rules adopted pursuant to the authority provided by that
chapter.
(E)
Completion of a privacy impact assessment. The agency
director shall designate an employee of the agency to serve as the data privacy
point of contact who shall timely complete the privacy impact assessment form
developed by the office of information technology.
Notes
Promulgated Under: 111.15
Statutory Authority: R.C. 111.15
Rule Amplifies: R.C. 120.03, R.C. 120.04, R.C. 1347.15
Prior Effective Dates: 12/01/2015
Promulgated Under: 111.15
Statutory Authority: R.C. 120.03, R.C. 120.04
Rule Amplifies: R.C. 1347.15
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