Section 3301-2-15 - Procedures for accessing confidential personal informationFor personal information systems, whether manual or computer systems, that contain confidential personal information, the department will do the following:
(A) Criteria for accessing confidential personal information. Personal information systems of the department are managed on a "need-to-know" basis whereby the information owner determines the level of access necessary for an employee of the department to fulfill his/her job duties. The determination of access to confidential personal information will 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 department will 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 necessitate access to confidential personal information in a personal information system, the employee's access to confidential personal information will be removed.(B) Individual 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 department, the department will 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(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 department will notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the department will 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 department may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individual's confidential personal information was invalidly 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 department determines that notification would not delay or impede an investigation, the department will disclose the access to confidential personal information made for an invalid reason to the person.
(2) Notification provided by the department will inform the person of the type of confidential personal information accessed and the date(s) of the invalid access; and(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 director of the department will designate an employee of the department to serve as the data privacy point of contact. The data privacy point of contact will work with the chief privacy officer to assist the department with both the implementation of privacy protections for the confidential personal information that the department maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter. The data privacy point of contact will timely complete the privacy impact assessment form developed by the office of information technology.(E) Password . The information technology division will ensure that a password or other authentication measure is used to access confidential personal information that is kept in an electronic system.Ohio Admin. Code 3301-2-15
Effective: 6/7/2024
Five Year Review (FYR) Dates: 3/22/2024 and 06/07/2029
Promulgated Under: 119.03
Statutory Authority: 3301.07, 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 09/25/2010, 11/18/2016