Ohio Admin. Code 4744-1-03 - Personal information systems
(A)
The Ohio speech
and hearing professional board shall appoint one employee to be directly
responsible for the custody and security of each personal information system
maintained by the board. Said employee shall:
(1)
Inform all
employees who have any responsibility for the operation or maintenance of said
system or the use of personal information maintained in the system, of the
applicable provisions of Chapter 1347. of the Revised Code and rules adopted
thereunder; and
(2)
Inform all persons requested to supply personal
information for a system whether or not he/she is legally required to provide
such information; and
(3)
Restrict the collection, maintenance and use of
personal information to only that which is necessary and relevant to functions
of the board as required or authorized by statute, ordinance, code or rule;
and
(4)
Provide a person, who is asked to supply personal
information that will be placed in an interconnected or combined system, with
information relevant to the system, including the identity of the other
agencies or organizations that have access to the information in the system;
and
(5)
Allow a person who is the subject of a record in a
personal information system to inspect the record pursuant to section
1347.08
of the Revised Code. Upon the request and verification that the person
requesting access to the record is the subject of information contained in the
system, the employee shall:
(a)
Inform the person of any personal information in the
system of which he/she is the subject:
(b)
Permit the
person, or his/her legal guardian, or an attorney who presents a signed
authorization made by the person, to inspect all personal information in the
system of which he/she is the subject, except where prohibited by
law;
(c)
Inform the person of the uses made of the personal
information and identify other users who have access to the
system;
(d)
Allow a person who wishes to exercise his/her rights as
provided by this rule to be accompanied by one individual of his/her
choice;
(e)
Provide, for a reasonable charge, copies of any
personal information the person is authorized to inspect.
(6)
Investigate disputes concerning the accuracy, relevance,
timeliness or completeness of personal information pursuant to section
1347.09 of
the Revised Code and paragraph (D) of this rule.
(7)
Take all
reasonable precautions to protect personal information maintained by the Ohio
speech and hearing professionals board from unauthorized modification,
destruction, use or disclosure.
(B)
The Ohio speech
and hearing professionals board shall reprimand in writing any employee who
initiates or otherwise contributes to any disciplinary or other punitive action
taken against another individual who brings to the attention of appropriate
authorities, the press, or a member of the public, any evidence of unauthorized
use of any material contained in the personal information system. A copy of the
reprimand shall be entered in the employee's personnel file.
(C)
The Ohio speech
and hearing professionals board shall monitor its personal information system
by:
(1)
Maintaining the personal information system with the
accuracy, relevance, timeliness, and completeness necessary to assure fairness
in any determination made by the board which is based on information contained
in the system; and
(2)
Eliminating unnecessary information from the
system.
(D)
The Ohio speech and hearing professionals board shall
investigate upon request, the accuracy, relevance, timeliness or completeness
of personal information, which is disputed by the subject of a record contained
in the system, within ninety days after receipt of a request from the
disputant; and
(1)
Notify the disputant of the results of the
investigation and any action the board intends to take with respect to the
disputed information; and
(2)
Delete any information that the board cannot verify or
finds to be inaccurate; and
(3)
Permit the
disputant, if he/she is not satisfied with the determination made by the board
to include within the system:
(a)
A brief statement of his/her position on the disputed
information, such statement being limited to one hundred words, with the
board's executive director assisting the disputant to write a clear summary of
the dispute; or
(b)
A notation that the disputant protests that the
information is inaccurate, irrelevant, outdated, or incomplete; with the Ohio
speech and hearing professionals board maintaining a copy of the disputant's
statement of the dispute.
(E)
The Ohio speech
and hearing professionals board shall not place personal information into an
interconnected and combined system, unless said system contributes to the
efficiency of the agencies or organizations authorized to use the system in
implementing programs which are required or authorized by law.
(F)
The Ohio speech
and hearing professionals board shall not use personal information placed into
an interconnected or combined system by another state or local agency or an
organization, unless the personal information is necessary and relevant to the
performance of a lawful function of the board.
Notes
Promulgated Under: 119.03
Statutory Authority: 4744.28
Rule Amplifies: 1347.05, 4747.04, 4753.05
Prior Effective Dates: 08/12/2019
Promulgated Under: 119.03
Statutory Authority: 4744.28
Rule Amplifies: 1347.05, 4747.04, 4753.05
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.