901-10-02 Procedures for accessing confidential personal information.

(A) Develop criteria for accessing confidential personal information. Personal information systems of the department are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the department to fulfill his/her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The department shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the department, the department shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the department has no confidential personal information about the individual that is responsive to the individual's request.

(C) Notice of invalid access.

(1) Upon discovery or notification that confidential personal information of an individual has been accessed by an employee for an invalid reason, the department shall notify within thirty days the person whose information was invalidly accessed. However, the department shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the department may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system.

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the department determines that notification would not delay or impede an investigation, the department shall disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the department shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Appointment of a data privacy point of contact. The director shall designate an employee of the department to serve as the data privacy point of contact (DPPOC). The DPPOC shall work with the chief privacy officer within the office of information technology to assist the department with both the implementation of privacy protections for the confidential personal information that the department maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) Completion of a privacy impact assessment. The DPPOC shall complete a privacy threshold analysis (PTA) for existing data systems within sixty days of the effective date of this rule and prior to the activation of new data systems. If the PTA determines that a data system contains CPI, the DPPOC shall complete a privacy impact assessment (PIA) form developed by the office of information technology.

(F) The DPPOC shall audit access to CPI systems within sixty days of the effective date of this rule and every six-months thereafter. The audit shall review what systems contain CPI and verify that those systems are only accessible to employees who require or are entitled to access.

(G) It is the responsibility of management to implement and ensure compliance with the laws, rules, policies, and procedures applicable to CPI within their functional areas.

(1) Any department employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment.

(2) Employees required or entitled to access CPI are required to receive training.This training will be developed and conducted by the DPPOC and will include understanding Chapter 1347. of the Revised Code and rules adopted by the department pursuant to that section. Training for current employees must be completed within ninety days of the effective date of this rule and prior to any access to any CPI is granted for future employees.

(3) After training is completed, those employees required or entitled to access CPI will be given copies of the department's CPI policies and the relevant statutes and rules pertaining to CPI access. Upon receipt, those employees must sign an acknowledgment that they have received and understand those materials.

Effective: 09/10/2010
R.C. 119.032 review dates: 09/10/2015
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15