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 Ohio department of natural resources' exercise of its powers or
duties, for which only employees of the department 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 department 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 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 department 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
department, authorized employees would also have valid reasons for accessing
CPI in these following circumstances:
(1) The
office of human resources and the office of labor relations:
Providing professional and technical service to department
staff and the general public regarding employee benefits, compensation, labor
relations, equal employment opportunity, employee development and
training.
(2) The division
of
parks and watercraft:
Managing the boater registration program. Employees of the
division of watercraft may review CPI of individuals who are applying for or
renewing a boat registration issued by the department for the purpose of
managing the boat registration program.
(3) The division of wildlife:
Managing the recreational license and permit program. Division
of wildlife and licensing system vendors may review CPI of individuals who hold
or are applying for recreational licenses or permits issued by the department
for the purpose of managing the recreational license and permit program.
(4) Department law enforcement
units:
(a) Cooperating with state, county,
federal, and local governments to gather and analyze information in order to
protect against, respond to, and recover from catastrophic incidents, including
but not limited to, acts of terrorism, natural disasters, and biological
incidents;
(b) Cooperating with
homeland security planning and responses for the department; and
(c) Enforcing state and local laws.
(5) The office of external audits:
Providing auditing services to the department and associated
boards and commissions.