3301-2-08 Data subject's right to inspect personal information.

(A) Upon the request and proper identification of any person who is the subject of personal information in a personal information system, the department shall:

(1) Inform the person of any personal information in the system of which he or she is the subject;

(2) Except as provided in paragraph (C) or (D) of this rule, permit the person, his or her legal guardian, or an attorney with a signed written authorization made by the person, or his or her legal guardian, to inspect all personal information in the system of which he or she is the subject; and

(3) Inform the person about the types of uses made of the personal information, including the identity of any users usually granted access to the system.

(B) Any person who wishes to exercise a right provided by this rule may be accompanied by another individual of his or her choice.

(C) Upon request, medical, psychiatric or psychological information shall be disclosed to the person who is the subject of the information or to his or her legal guardian, unless a physician, psychiatrist or psychologist determines for the agency that the disclosure of the information is likely to have an adverse effect on the person, in which case the information shall be released to a physician, psychiatrist or psychologist who is designated by the person or by his or her legal guardian.

(D) A person who is the subject of personal information in a personal information system, his or her legal guardian, or an attorney authorized by the person, does not have the right to inspect or have copied, or require the department to permit the inspection of or to copy, a confidential law enforcement investigatory record or trial preparation record as those terms are defined in divisions (A)(2) and (A)(4) of section 149.43 of the Revised Code.

(E) Upon the request of an individual who is authorized to inspect personal information, the department shall provide, at cost, copies of personal information the data subject is authorized to inspect, which is maintained in a personal information system by the department.

R.C. 119.032 review dates: 06/13/2011 and 06/13/2016
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 1347.05
Rule Amplifies: 1347.05
Prior Effective Dates: 3/1/83