N.H. Admin. Code § Ed 1003.02

Current through Register No. 45, November 7, 2024

Section Ed 1003.02 - Confidentiality

In addition to the requirements under 34 CFR 361.38, the following shall apply regarding confidentiality:

(a) NHVR's acquisition of PII and other personal information and data about individuals includes the obligation to fully inform individuals about what information is gathered and how it will be used, and how it will be safeguarded against unnecessary or inappropriate dissemination. PII and other personal information and data shall be material which is identifiable to an individual, including reports, evaluations, case histories, notes, photographs and directory information. NHVR's obligation to preserve confidentiality shall apply to its own use of information directly, and the release of PII and other personal information and data to third parties, other individuals, and agencies. Release of PII and other personal information and data shall also involve the individual's access to his or her own personal information and records pursuant to (c) below;

(b) To the greatest extent possible, NHVR shall use existing information in determining eligibility or providing services to an individual. To the extent existing information is insufficient, NHVR shall obtain only information necessary to determine eligibility or to provide services to an individual. Necessary information may already exist and be available from the individual and his or her family members, treating physicians, other agencies, or it may be information acquired by NHVR specifically for the purpose of serving the individual; and

(c) An individual shall have full, timely access to any information that NHVR maintains about him or her, unless NHVR determines that some information may be harmful to the individual based on counselor professional judgement in consultation with a NHVR supervisor, or if NHVR obtained the information from a source which has restricted its dissemination to the individual. Information that may be harmful shall be released in accordance with 34 CFR 361.38(c).

N.H. Admin. Code § Ed 1003.02

Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13231, Effective 7/13/2021, Expires 7/13/2031