Ohio Admin. Code 3301-2-18 - Restricting and logging access to confidential personal information in computerized personal information systems

For personal information systems that are computer systems and contain confidential personal information, the department shall will do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require needs a password or other authentication measure;

(B) Acquisition of a new computer system. When the department acquires a new computer system that stores, manages, or contains confidential personal information, the department shall will include a mechanism for recording specific access by employees of the department to confidential personal information in the system;

(C) Upgrading existing computer systems. When the department modifies an existing computer system that stores, manages, or contains confidential personal information, the department shall will make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall will include a mechanism for recording specific access by employees of the department to confidential personal information in the system;

(D) Existing computer systems. Logging requirements obligations regarding confidential personal information in existing computer systems:

(1) The department shall require will mandate that employees of the department who access confidential personal information within computer systems to maintain a log that records that access;

(2) Access to confidential information is not required necessary to be entered into the log under the following circumstances:

(a) The employee of the department is accessing confidential personal information for official departmental purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals;

(b) The employee of the department is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals;

(c) The employee of the department comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals;

(d) The employee of the agency accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself/herself;

(ii) The individual makes a request that the department takes some action on that individual's behalf and accessing the confidential personal information is required needed in order to consider or process that request.

(3) For purposes of this paragraph, the department may choose the form or forms of logging, whether in electronic or paper formats.

Notes

Ohio Admin. Code 3301-2-18

Effective: 6/7/2024
Five Year Review (FYR) Dates: 3/22/2024 and 06/07/2029
Promulgated Under: 119.03
Statutory Authority: 3301.07, 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 09/25/2010, 11/18/2016