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 school facilities commission's exercise of its powers or
duties, for which only employees of the commission or its agents 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 or agents
of the commission 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 agency 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;
(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
an agency 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 Ohio school facilities
commission, authorized employees or agents would also have valid reasons for
accessing CPI in these following circumstances:
(1)
Employees or
agents may review CPI for individuals in the review and processing of certified
payrolls.
(2)
Employees or agents may review CPI for individuals and
firms in the review and processing of payments and in the review of apparent
low bidders, including Social Security numbers or federal employer
identification numbers.
(3)
Employees or agents may review CPI for individuals in
the review of criminal records check results obtained through the Ohio bureau
of criminal identification and investigation or the federal bureau of
investigation to determine compliance with the commission's policy on site
security.
(4)
Employees or agents may review CPI for individuals in
the review of driving records obtained through the Ohio bureau of motor
vehicles to determine compliance with the commission's policy on site
security.
(5)
Employees or agents may review CPI for individuals in
the review of the results of drug screens for the purposes of determining
compliance with the commission's drug-free safety program.
Notes
Ohio Admin. Code 3318:1-2-03
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
