Ohio Admin. Code 4755-1-03 - Personal information systems
(A)
The Ohio
occupational therapy, physical therapy, and athletic trainers board ("board")
will appoint one employee to be directly responsible for each personal
information system maintained by the section. Said employee will:
(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 they are 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 all persons 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 all 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
will:
(a)
Inform
the person of any personal information in the system of which they are the
subject;
(b)
Permit the person, their legal guardian, or an attorney
who presents a signed authorization made by the person, to inspect all personal
information in the system of which they are 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 their rights as
provided by this rule to be accompanied by one individual of their
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.
(B)
The board will
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 personal file.
(C)
The board will monitor its personal information system
by:
(1)
Maintaining the personal information system with the
accuracy, relevance, timeliness or 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 board will 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 the request; 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 section cannot verify or that finds to be inaccurate;
and,
(3)
Permit the disputant, if they are not satisfied with
the determination made by the board, to include within the system:
(a)
A brief statement
of their position on the disputed information; or,
(b)
A brief statement
that they finds the information in the system to be inaccurate, irrelevant,
outdated, or incomplete.
(4)
The board will
maintain a copy of all statements made by a disputant.
(E)
The
board will 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 board will
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 section.
(G)
The board will make available, upon request, all
information concerning charges made by the section for reproduction of
materials contained in its personal information system.
Replaces: 4755-8-01, 4755-26-01
Notes
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.01, 1347.15
Prior Effective Dates: 08/23/1982, 09/01/1982, 05/15/1991, 02/01/1992, 08/14/2000
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