Ohio Admin. Code 4123-16-09 - Investigation of data subject's dispute of the accuracy, relevance, timeliness or completeness of personal information
(A) If a person who is the subject of
personal information in a personal information system maintained by the bureau
disputes the accuracy, relevance, timeliness or completeness of the personal
information, the person may request the bureau to investigate the current
status of the information.
(B)
Requests to investigate personal information shall be made to the privacy
officer or the director who is responsible for the system.
(C) Within ninety days after receiving the
request from the disputant, the bureau shall make a reasonable investigation to
determine whether the disputed information is accurate, relevant, timely and
complete and shall notify the disputant of the results of the investigation and
of the action that the bureau plans to take with respect to the disputed
information. The bureau shall delete any information that it cannot verify or
that it finds to be inaccurate.
(D) If after the bureau's determination, the
disputant is not satisfied, the bureau shall do either of the following:
(1) Permit the disputant to include within
the system a brief statement of his or her position on the disputed
information, or
(2) Permit the
disputant to include within the system a notation that the disputant protests
that the information is inaccurate, irrelevant, outdated, or incomplete. The
agency shall maintain a copy of the disputant's statement of the dispute.
The department may limit the statement to not more than one hundred words if the bureau assists the disputant to write a clear summary of the dispute.
(E) The bureau shall include the statement or
notation in any subsequent transfer, report or dissemination of the disputed
information and may include with the statement or notation of the disputant a
statement by the bureau that it has reasonable grounds to believe that the
dispute is frivolous or irrelevant and of the reasons for its belief.
(F) The presence of contradictory
information in the person's file does not alone constitute reasonable grounds
to believe that the dispute is frivolous or irrelevant.
(G) Following any deletion of information
that is found to be inaccurate or the accuracy of which can no longer be
verified, or if a statement of dispute was filed by the disputant, the bureau
shall, at the written request of the disputant, furnish notification that the
information has been deleted, or furnish a copy of the disputant's statement of
the dispute, to any person specifically designated by the disputant. The bureau
shall specifically disclose to the disputant that he or she has the right to
make such a request.
Notes
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121
Rule Amplifies: 1347.09
Prior Effective Dates: 03/15/1982, 10/14/2002
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121
Rule Amplifies: 1347.09
Prior Effective Dates: 03/15/1982, 10/14/2002
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