3353-1-10 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 agency shall:

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

(2) Except as provided in paragraph (C) or (D) of this rule, permit the person, his legal guardian, or an attorney with a signed written authorization made by the person to inspect all personal information in the system of which he 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 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 legal guardian, unless a physician, psychiatrist, or psychologist determines for the agency that the disclosure of the information is likely to have an adverse affect 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 legal guardian.

(D) A person who is the subject of personal information in a personal information system, his legal guardian, or an attorney authorized by the person, does not have the right to inspect or have copied, or require the agency 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 agency shall provide, at cost, copies of personal information he is authorized to inspect that is maintained in a personal information system by the agency.

(F) An agreement may be executed between the provider of personal information and the person who is the subject of that information. Such an agreement shall constitute a waiver of the right of the subject person to have access to such information. A written notation of this agreement shall be kept within the record.

Eff 2-15-82
Rule promulgated under: RC 111.15
Rule amplifies: RC 1347.08 , 111.15