Lawriter - OAC - 4753-11-03 Valid reasons for accessing confidential personal information.

4753-11-03 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 board's exercise of its powers or duties, for which only employees of the board 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 board 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 board 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 board 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 the following circumstances, for the purpose of carrying out specific duties of the board, authorized employees would also have valid reasons for accessing CPI in these following circumstances:

(1) Conducting investigations of persons licensed by the board, including the review of information collected on subjects, witnesses, or records associated with the investigation;

(2) Reporting administrative actions and disciplinary records, pursuant to state or federal law;

(3) Monitoring compliance of board administrative actions, including the review of all internal and external reports and data used to facilitate the monitoring process;

(4) Records maintenance processes, including filing, copying, scanning, and monitoring, or

Five Year Review (FYR) Dates: 09/19/2016 and 09/19/2021
Promulgated Under: 119.03
Statutory Authority: 4753.05(A)
Rule Amplifies: 1347.15
Prior Effective Dates: 01/01/2011

Prior History: ( Effective: 01/01/2011
R.C. 119.032 review dates: 01/01/2016
Promulgated Under: 119.03
Statutory Authority: 4753.05(A)
Rule Amplifies: 1347.15)