Lawriter - OAC - 109-4-03 Valid reasons for accessing confidential personal information.

109-4-03 Valid reasons for accessing confidential personal information.

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the office's exercise of its power or duties, for which only employees of the office may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system:

(A) Performing the following functions constitute valid reasons for authorized employees of the office to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of CPI the office maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program requirements;

(7) Processing or payment of claims or grants or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues);

(14) Complying with an executive order or policy;

(15) Complying with an office policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency;

(16) Complying with a collective bargaining agreement provision; or

(17) Supervising the work of another employee.

(B) To the extent that the general processes described in paragraph (A) of this rule do not cover the following circumstances, for the purposes of carrying out specific duties of the attorney general's office, authorized employees would also have valid reasons for accessing CPI in these following circumstances:

(1) Performing the attorney general's duty to represent the state and its agencies in administrative and judicial proceedings;

(2) Performing the attorney general's duty to administer the crime victims reparation award program pursuant to sections 2743.51 to 2743.72 of the Revised Code;

(3) Performing the attorney general's duty to conduct background investigations pursuant to sections 3734.41 to 3734.99 of the Revised Code;

(4) Performing the attorney general's duty to document, manage and report on debt collection and enforce collection pursuant to section 131.02 of the Revised Code; or

(5) Issuing identity fraud passports pursuant to section 109.94 of the Revised Code.

Effective: 4/18/2016
Five Year Review (FYR) Dates: 02/01/2016 and 04/11/2021
Promulgated Under: 119.03
Statutory Authority: 1347.15(B)
Rule Amplifies: 1347.15
Prior Effective Dates: 02/01/2011