Section 4701-2-04 - Accessing confidential personal information(A) Personal information systems of the board are managed on a "need to know" basis whereby the information owner determines the level of access required for an employee of the board to fulfill their job duties. The determination of access to confidential personal information contained in a personal information system. The board shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to the employee's job duties including, but not limited to transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.(B) Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the board, the board shall 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 of an individual pursuant to section 149.43 of the Revised Code or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and(3) If all information relates to an investigation about an individual pursuant to section 149.43 of the Revised Code, inform the individual the board has no confidential personal information about the individual responsive to the request.(C) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the board shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the board shall delay notification for a period necessary to ensure the notification would neither delay or impede an investigation of the circumstances and involvement of an employee surrounding the invalid access, nor jeopardize homeland or national security. Additionally, the board may delay notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system. Once the board determines notification would not delay or impede an investigation, the board shall disclose the invalid access to the person. Notification provided by the board shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access, and may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.(D) The executive director shall designate an employee of the board to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the board with both the implementation of privacy protections for the confidential personal information the board 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 shall timely complete the privacy impact assessment form developed by the office of information technology. Replaces: 4701-2-03
Ohio Admin. Code 4701-2-04
Effective: 9/1/2020
Five Year Review (FYR) Dates: 09/01/2025
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 08/22/2010