Tenn. Comp. R. & Regs. 1240-08-05-.04 - PROTECTION, USE, AND RELEASE OF PERSONAL INFORMATION

(1) All information of individuals applying for or receiving services given or made available to VR employees, in the course of the administration of the VR Program, is confidential. Confidentiality extends to electronic information, photographs, lists of names, and personal identifiable information.

(2) The use of such information and records is limited to purposes directly connected with the administration of the VR Program.

(3) Information is not to be disclosed directly or indirectly, other than in the administration of the VR Program, unless the informed consent of the individual has been obtained in writing.

(4) Upon the individual's written request, VR must release all information in the individual's record to the individual or the individual's representative, except that medical, psychological or other information deemed harmful to the individual will only be released to the individual through a designated third party. If the information comes from a separate entity, VR must follow the conditions for release of such information established by that entity.

(5) VR may release personal identifiable information to another agency or organization, in accordance with an individual's written agreement, for its program purposes only to the extent that the information may be released to the involved individual or the individual's representative and only to the extent that the other agency or organization demonstrates that the information requested is necessary for its program.

(6) VR may release information to an individual or organization engaged in research when the purpose is directly connected with the administration of the VR Program, and only after the individual or organization has furnished satisfactory assurances that the information shall be used only for the purpose it was provided, and:

(a) It shall not be released to persons not connected with the study under consideration, and

(b) The final product of the research shall not reveal any information that may identify any person who did not provide written consent to release the information.

(7) Reports, surveys, case studies, research projects, and other information released to entities/organizations and individuals by counselors and other VR personnel may contain statistical information and data essential to the advancement of the program, but no information identifiable with any individual shall be included without the written consent of that individual.

(8) Release of Personal Identifiable Information.

(a) VR may release personal identifiable information to an organization, state entity, or individual engaged in an audit, evaluation, or research for purposes directly connected with the administration of the VR Program, or for purposes that would significantly improve the quality of life for applicants and eligible individuals, and only if the organization, entity, or individual assures that:

1. The information will be used only for the purposes for which it is being provided;

2. The information will be released only to individuals officially connected with the audit, evaluation, or research;

3. The information will not be released to the involved individual, but will be managed in a manner to safeguard confidentiality; and

4. The final product will not reveal any personal identifying information without the informed written consent of the involved individual or the individual's representative.

(b) Personal identifiable information will be released in response to investigations in connection with law enforcement, fraud, or abuse, unless expressly prohibited by federal or state laws or regulations, or in response to an order issued by a judge, magistrate, or other authorized judicial officer.

(c) Personal identifiable information may be released in order to protect the individual or others if the individual poses a threat to his or her safety or to the safety of others.

(9) All documents containing information about the individual and possessed by the Division or VR are property of the Division.

(10) An individual who believes that information in the record is inaccurate or misleading may request that the record be amended. If the information is not amended, the request for amendment must be documented in the record.

(11) VR employees, contractors, service providers, cooperating agencies, and interested persons must secure all customer information in appropriate locations that is overseen by qualified personnel.

(12) The Division may charge a reasonable fee for providing copies of records for purposes other than those of the VR Program in accordance with the rules of the Department at Chapter 1240-09 and state law.

Notes

Tenn. Comp. R. & Regs. 1240-08-05-.04

Original rule filed September 30, 1985; effective October 30, 1985. Amendment filed July 12, 2002; effective September 25, 2002. Repeal and new rule filed June 30, 2009; effective September 13, 2009. Amendments filed October 5, 2017; effective January 3, 2018. Amendments filed February 29, 2024; effective 5/29/2024.

Authority: T.C.A. §§ 4-5-202, 49-11-601, et seq., 71-1-104, and 71-1-105(a)(12); 29 U.S.C. §§ 720, et seq.; 34 C.F.R. § 361.38; and Executive Order No. 43 (1983).