Ohio Admin. Code 3318:1-2-05 - [Rescinded] Restricting and logging access to confidential personal information in computerized personal information systems
(A)
Access
restrictions. Access to confidential personal information that is kept
electronically shall require a password or other authentication measure.
(B)
Acquisition of a new computer system. When the commission acquires a new
computer system that stores, manages or contains confidential personal
information, the commission shall include a mechanism for recording specific
access by employees or agents of the commission to confidential personal
information in the system.
(C)
Upgrading
existing computer systems. When the commission modifies an existing computer
system that stores, manages or contains confidential personal information, the
commission shall make a determination whether the modification constitutes an
upgrade. Any upgrades to a computer system shall include a mechanism for
recording specific access by employees or agents of the commission to
confidential personal information in the system.
(D)
Logging
requirements regarding confidential personal information in existing computer
systems.
(1)
The commission shall require employees or agents of the commission who access
confidential personal information within computer systems to maintain a log
that records that access.
(2)
Access to
confidential information is not required to be entered into the log under the
following circumstances:
(a)
The employee or agent of the commission is accessing
confidential personal information for official commission purposes, including
research, and the access is not specifically directed toward a specifically
named individual or a group of specifically named individuals.
(b)
The employee or
agent of the commission is accessing confidential personal information for
routine office procedures and the access is not specifically directed toward a
specifically named individual or a group of specifically named
individuals.
(c)
The employee or agent of the commission comes into
incidental contact with confidential personal information and the access of the
information is not specifically directed toward a specifically named individual
or a group of specifically named individuals.
(d)
The employee or
agent of the commission accesses confidential personal information about an
individual based upon a request made under either of the following
circumstances:
(i)
The individual requests confidential personal
information about himself/herself.
(ii)
The individual
makes a request that the commission takes some action on that individual's
behalf and accessing the confidential personal information is required in order
to consider or process that request.
(3)
For purposes of
this paragraph, the commission may choose the form or forms of logging, whether
in electronic or paper formats.
(E)
Log management.
The executive director, with the approval of the commission, shall issue a
policy that specifies the following:
(1)
Who shall
maintain the log;
(2)
What information shall be captured in the log;
(3)
How
the log is to be stored; and
(4)
How long
information kept in the log is to be retained.
Notes
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 01/03/2011
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