Ohio Admin. Code 4501-55-03 - Valid reasons for accessing confidential personal information

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 "Department's" 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 (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 "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) Administration:

(a) Linking local law enforcement agencies and first responder organizations with federal programs in order to provide support; and

(b) 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) Ohio bureau of motor vehicles:

(a) Issuing drivers' licenses and commercial drivers' licenses, maintaining individual driving records, and managing drivers' license suspensions;

(b) Issuing vehicle registrations and assisting the clerks of court of common pleas in issuing motor vehicle titles;

(c) Working with state, federal, and local law enforcement agencies to investigate and prosecute incidents of identity theft, title, registration, identity fraud, odometer fraud, and other motor vehicle offenses;

(d) Issuing licenses to motor vehicle salespersons and dealers.

(3) Ohio criminal justice services:

(a) Identifying, researching, and evaluating programs to assist law enforcement professionals and communities in reducing and preventing crime;

(b) Developing technology, training, and products for law enforcement professionals; and

(c) Administering grants programs to state and local criminal justice agencies to assist in reducing and preventing crime;

(d) Regulating and licensing driver training enterprises and driver training instructors, taining training managers, and authorizing officials through the application, renewal, and investigation processes; and

(e) Implementing and facilitating the "Motorcycle Ohio" program including, but not limited to, processing application materials, processing applicable contractual information, and obtaining student information.

(4) Ohio emergency management agency:

(a) Administering federal preparedness and disaster assistance grants to eligible applicants;

(b) Developing plans for disaster preparedness, response, recovery, mitigation and warning and interoperable communications to ensure applicability to all citizens in the state;

(c) Coordinating with local, state and federal governments, non-governmental organizations, and private sector entities to prepare for, respond to, and recover from disasters and mitigate future damage from disasters;

(d) Training and preparing first responders and others to improve emergency response capabilities through the state; and

(e) Administrative oversight of secure areas and communications systems.

(5) Ohio emergency medical services:

(a) Educating, certifying, and investigating emergency medical service and fire service providers, instructors, and emergency medical services and fire educational institutions in the state;

(b) Providing administrative support to the state board of emergency medical, fire, and transportation services including, but not limited to, disciplinary actions; and

(c) Researching and recommending resolutions to assist those it certifies in providing pre-hospital and fire prevention services.

(6) Ohio homeland security:

(a) Cooperating with state, county, federal, and law enforcement agencies, other government agencies, and private organizations 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; and

(b) Administering and enforcing the laws pertaining to private investigators and security service providers.

(7) Ohio investigative unit:

(a) Enforcing state, federal, and local liquor, food stamp, and tobacco laws; and

(b) Providing education to law enforcement agencies and the general public regarding federal and state and local laws, regulations, rules, and policies.

(8) Ohio state highway patrol:

(a) Providing traffic services to maintain safe roadways;

(b) Providing statewide emergency response services;

(c) Investigating criminal activities on state-owned property; and

(d) Providing security for the governor and other dignitaries.

(9) The Ohio traffic safety office:

(a) Partnering with federal, state, and local traffic safety agencies to utilize the most innovative and efficient methods possible for managing state and federal resources;

(b) Regulating and licensing driver training enterprises and driver training instructors, training managers, and authorizing officials through the application, renewal, and investigation processes;

(c) Implementing and facilitating the "Motorcycle Ohio" program including, but not limited to, processing application materials, processing applicable contractual information, and obtaining student information; and

(d) Recording traffic related statistics that occur on Ohio's roads and highways and performing data entry for the department of public safety.

(10) Ohio narcotics intelligence center:

(a) Cooperating with state, county, federal, and law enforcement agencies, other government agencies, and private organizations to gather and analyze information in order to detect, deter, prevent, prepare for, prosecute, and respond to illegal drug activities; and

(b) Coordinating law enforcement response to illegal drug activities for state agencies and acting as a liaison between state agencies and local entities for the purposes of communicating counter-drug policy initiatives.

(11) Ohio school safety center. Coordinating with school personnel, law enforcement, and other emergency responders to prevent, prepare for, and respond to potential hazards to students and school staff.

Notes

Ohio Admin. Code 4501-55-03

Effective: 2/1/2024
Five Year Review (FYR) Dates: 11/3/2023 and 01/01/2029
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 09/19/2010, 11/30/2015