Current through all regulations passed and filed through September 16, 2024
(A)
The board shall
appoint one employee to be directly responsible for each personal information
system maintained by the board. Said employee shall:
(1)
Inform all
employees who have any responsibility for the operation or maintenance of said
system or the use of personal information maintained in the system of the
applicable provisions of Chapter 1347. of the Revised Code and rules adopted
thereunder; and,
(2)
Inform all persons requested to supply personal
information for a system whether or not he/she is legally required to provide
such information, and,
(3)
Restrict the collection, maintenance and use of
personal information to only that which is necessary and relevant to functions
of the board as required or authorized by statute or rule; and,
(4)
Provide all persons, asked to supply personal information that will be placed
in an interconnected or combined system, with information relevant to the
system, including the identity of all other agencies or organizations that have
access to the information in the system; and,
(5)
Allow a person
who is the subject of a record in a personal information system to inspect the
record pursuant to section
1347.08 of the Revised Code,
upon the request and verification that the person requesting access to the
record is the subject of information contained in the system, the employee
shall:
(a)
Inform the person of any personal information in the system of which he/she is
the subject;
(b)
Permit the person, or his/her legal guardian, or an
attorney who presents a signed authorization made by the person, to inspect all
personal information in the system of which he/she is the subject, except where
prohibited by law;
(c)
Inform the person of the uses made of the personal
information and identify other users who have access to the system;
(d)
Allow
a person who wishes to exercise his/her rights as provided by this rule to be
accompanied by one individual of his/her choice.
(e)
Provide, for a
reasonable charge, copies of any personal information the person is authorized
to inspect.
(6)
Investigate disputes concerning the accuracy,
relevance, timeliness or completeness of personal information pursuant to
section 1347.09 of the Revised Code and
paragraph (D) of this rule.
(B)
The board shall
reprimand in writing any employee who initiates or otherwise contributes to any
disciplinary or other punitive action taken against another individual who
brings to the attention of appropriate authorities, the press, or a member of
the public, any evidence of unauthorized use of any material contained in the
personal information system. A copy of the reprimand shall be entered in the
employee's personal file.
(C)
The board shall
monitor its personal information system by:
(1)
Maintaining the
personal information system with the accuracy, relevance, timeliness, and
completeness necessary to assure fairness in any determination made by the
board which is based on information contained in the system; and,
(2)
Eliminating unnecessary information from the system.
(D)
The
board shall investigate, upon request, the accuracy, relevance, timeliness or
completeness of personal information, which is disputed by the subject of a
record contained in the system, within ninety days after receipt of a request
from the disputant; and,
(1)
Notify the disputant of the results of the
investigation and any action the board intends to take with respect to the
disputed information; and,
(2)
Delete any
information the board cannot verify or finds to be inaccurate; and,
(3)
Permit the disputant, if he/she is not satisfied with the determination made by
the board, to include within the system:
(a)
A brief
statement of his/her position on the disputed information; or
(b)
A brief
statement that he/she finds the information in the system to be inaccurate,
irrelevant, outdated, or incomplete.
(4)
The board shall
maintain a copy of all statements made by the disputant.
(E)
The
board shall not place personal information into an interconnected and combined
system, unless said system contributes to the efficiency of the agencies or
organizations authorized to use the system in implementing programs which are
required or authorized by law.
(F)
The board shall
not use personal information placed into an interconnect or combined system by
another state or local agency or an organization, unless the personal
information is necessary and relevant to the performance of a lawful function
of the board.
(G)
The board shall make available, upon request, all
information concerning charges made by the board for reproduction of material
contained in its personal information system.
Replaces: 4703:1-4-03
Five Year Review (FYR) Dates:
12/29/2015 and
12/29/2020
Promulgated
Under: 119.03
Statutory
Authority: 4703.02
Rule
Amplifies: 1347.15
Prior
Effective Dates: 09/01/2015
