3301-2-16 Valid reasons for accessing confidential personal information.

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

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of confidential personal information the department 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 otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure [or permit, eligibility, filing, etc.] 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 a departmental policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency; or

(16) Complying with a collective bargaining agreement provision.

(B) To the extent that the general processes described in paragraph (A) of this rule do not cover a set of circumstances, authorized employees have valid reasons for accessing confidential personal information for the purpose of carrying out specific duties of the department of education as set forth in any applicable policy adopted by the department.

Cite as Ohio Admin. Code 3301-2-16

Five Year Review (FYR) Dates: 05/16/2017 and 05/16/2022
Promulgated Under: 119.03
Statutory Authority: 3301.07, 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 11/18/16

Prior History: (Effective: 11/18/2016
Promulgated Under: 111.15
Statutory Authority: 3301.07, 1347.15
Rule Amplifies: 1347.15 )