For personal information systems,
whether manual or computer systems, that contain confidential personal
information, the board shall do the following:
(A)
Criteria for
accessing confidential personal information. Personal information systems of
the board are managed on a "need-to-know" basis whereby the information owner
determines the level of access required for an employee of the board 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 board 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 board, the board 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 board 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 board shall notify the person whose information was
invalidly accessed as soon as practical and to the extent known at the time.
However, the board 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 board 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 board determines that notification would not delay or
impede an investigation, the board shall disclose the access to confidential
personal information made for an invalid reason to the person.
(2)
Notification provided by the board 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 board director shall designate an employee
of the board 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 board with both the implementation of
privacy protections for the confidential personal information that the board
maintains and compliance with section
1347.15 of the Revised Code and
rules adopted pursuant to the authority provided by that chapter.
(E)
Completion of a privacy impact assessment. The board director shall designate
an employee of the board 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
Ohio Admin. Code 4741-4-02
Five Year Review (FYR) Dates:
10/3/2023 and
10/03/2028
Promulgated
Under: 119.03
Statutory Authority: 4741.03, 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates:
09/14/2010
Five Year Review (FYR) Dates:
3/4/2019 and
03/04/2024
Promulgated
Under: 119.03
Statutory
Authority: 4741.03(C)(9),
1347.15
Rule
Amplifies: 1347.15
Prior
Effective Dates: 09/14/2010