Ohio Admin. Code 3379-15-02 - Procedures for accessing confidential personal information
For personal information systems, whether manual or computer
systems, that contain confidential personal information, the
Ohio arts council shall do the
following:
(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 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 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'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 agency, the agency 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 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.
"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 agency determines that notification would not delay or impede an investigation, the agency shall disclose the access to confidential personal information made for an invalid reason to the person.
(2) Notification provided by the agency 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) 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: 3379.04
Rule Amplifies: 3379.04
Prior Effective Dates: 12/18/2010, 04/15/2014
Promulgated Under: 111.15
Statutory Authority: 3379.04
Rule Amplifies: 3379.04
Prior Effective Dates: 12/18/2010, 04/15/2014
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