Ohio Admin. Code 3706-3-02 - Procedures for accessing confidential personal information
For personal information systems, whether manual or computer systems, that contain confidential personal information, the Ohio air quality development authority shall do the following:
(A) Criteria for accessing confidential
personal information. Personal information systems of the Ohio air quality
development authority are managed on a "need-to-know" basis whereby the
information owner determines the level of access required for an employee of
the Ohio air quality development authority to fulfill his/her job duties. The
determination of access to confidential personal information shall be approved
by the executive director or employee's
supervisor and the information owner prior to providing the employee with
access to confidential personal information within a personal information
system. The Ohio air quality development authority 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 Ohio air quality development
authority, the Ohio air quality development authority 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.
section 1347.01 of the Revised Code; and
(3) If all information relates to an
investigation about that individual, inform the individual that the Ohio air
quality development authority 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
for an invalid reason, the Ohio air quality development authority shall notify
the person whose information was invalidly accessed as soon as practical and to
the extent known at the time. However, the Ohio air quality development
authority 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 Ohio air quality development
authority 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 Ohio air quality development authority determines that notification would not delay or impede an investigation, the Ohio air quality development authority shall disclose the access to confidential personal information made for an invalid reason to the person.
(2)
Notification provided by the Ohio air quality development authority 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 Ohio air quality development authority executive director shall
designate an employee of the agency 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 Ohio air
quality development authority with both the implementation of privacy
protections for the confidential personal information that the Ohio air quality
development authority 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 Ohio air quality development authority executive
director shall designate an employee of the Ohio air quality development
authority 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
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 01/10/2011
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