Ohio Admin. Code 1501-8-05

Current through all regulations passed and filed through December 2, 2024

Section 1501-8-05 - Restricting and logging access to confidential personal information in computerized personal information systems

For personal information systems that are computer systems and contain confidential personal information, the department shall do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the department acquires a new computer system that stores, manages or contains confidential personal information, the department shall include a mechanism for recording specific access by employees of the department to confidential personal information in the system.

(C) Upgrading existing computer systems. When the department modifies an existing computer system that stores, manages or contains confidential personal information, the department shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the department to confidential personal information in the system.

(D) Logging requirements regarding confidential personal information in existing computer systems.

(1) The department shall require employees of the department who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee of the department is accessing confidential personal information for official department purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee of the department is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The employee of the department comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(d) The employee of the department accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about that individual.

(ii) The individual makes a request that the department takes some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(3) For purposes of this paragraph, the department may choose the form or forms of logging, whether in electronic or paper formats.

(E) Log management. The department shall issue a policy that specifies the following:

(1) Who shall maintain the log;

(2) What information shall be captured in the log;

(3) How the log is to be stored; and (4) How long information kept in the log is to be retained.

(F) Nothing in this rule limits the department from requiring logging in any circumstance that it deems necessary.

Ohio Admin. Code 1501-8-05

Five Year Review (FYR) Dates: 4/29/2021 and 04/29/2026
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 09/17/2010

Five Year Review (FYR) Dates: 11/06/2015 and 11/06/2020
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 9/17/10