1501-8-04 Confidentiality statutes.

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the department confidential and identify the confidential personal information within the scope of rules promulgated by this department in accordance with section 1347.15 of the Revised Code; including, but not limited to the following:

(A) Social security numbers: 5 U.S.C. 552(a) , federal Privacy Act of 1974, unless the individual was told that the number would be disclosed;

(B) Section 4776.04 of the Revised Code, bureau of criminal investigation and information criminal records check results;

(C) Any personal information that is considered confidential under section 149.43 of the Revised Code;

(D) Sections 2151.355 to 2151.358 of the Revised Code, sealing and expunging juvenile court records;

(E) Sections 2953.32 to 2953.35 of the Revised Code, sealing records of conviction;

(F) Sections 2953.52 to 2953.55 of the Revised Code, sealing records of not guilty findings, dismissals, or no bill;

(G) Health Insurance Portability and Accountability Act (HIPPA) of 1996, Pub. L. No.104-191, 29 U.S.C. 1181 ;

(H) The Americans with Disabilities Act (ADA) of 1990, 5 U.S.C. 8905a ;

(I) The Family and Medical Leave Act (FMLA) of 1993, 29 U.S.C. 2601 ;

(J) Section 4509.10 of the Revised Code, accident reports submitted pursuant to sections 4509.01 to 4509.78 of the Revised Code;

(K) Protections of criminal intelligence, 29 C.F.R. part 23;

(L) Section 109.57 of the Revised Code, protection of information provided to government agencies from the bureau of criminal investigation and information; and

(M) Section 1347.12 of the Revised Code, no requirement to notify an individual of a system breach if notification jeopardizes national security.

Effective: 09/17/2010
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15