For personal information systems,
whether manual or computer systems, that contain confidential personal
information, the commission shall do the following:
(A)
Criteria for
accessing confidential personal information. Personal information systems of
the Ohio school facilities commission are managed on a "need-to-know" basis
whereby the information owner determines the level of access required for an
employee of the agency or its agent to fulfill their 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 or agent with access to confidential personal information within a
personal information system. The executive director, with the approval of the
commission, 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.
The director, with the approval of the commission shall also establish
procedures for determining a revision to an agent's access to confidential
personal information upon a change to that agent's contractual duties
including, but not limited to, termination. Whenever an employee's job duties
or an agent's contractual obligations no longer require access to confidential
personal information in a personal information system, the employee's or
agent'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 commission, the commission
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 commission 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 a person has been accessed by an employee or an agent
for an invalid reason, the commission shall notify the person whose information
was invalidly accessed as soon as practical and to the extent known at the
time. However, the commission 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
commission 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 commission determines that notification would not delay
or impede an investigation, the commission shall disclose the access to
confidential personal information made for an invalid reason to the
person.
(2)
Notification provided by the commission 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)
The executive director shall designate an employee of
the Ohio school facilities commission to serve as the data privacy point of
contact. The data privacy point of contact shall work with the chief privacy
officer within the office of information technology to assist the agency with
both the implementation of privacy protections for the confidential personal
information that the agency 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
executive director shall designate an employee of the Ohio school facilities
commission to serve as the data privacy point of contact who shall timely
complete the privacy impact assessment form developed by the office of
information technology.
Notes
Ohio Admin. Code 3318:1-2-02
Effective:
3/25/2018
Five Year Review (FYR) Dates:
11/3/2017
Promulgated Under:
119.03
Statutory Authority:
1347.15
Rule Amplifies:
1347.15
Prior Effective Dates:
01/03/2011