Current through all regulations passed and filed through September 16, 2024
(A) The board shall appoint one employee to
be directly responsible for the custody and security of 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 they are 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, ordinance, code 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 the person is the subject;
(b) Permit the person, or the person's legal
guardian, or an attorney who presents a signed authorization made by the
person, to inspect all personal information in the system of which the person
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 the person's rights as provided by this rule to be accompanied by one
individual of his 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 the personal
information which is disputed by the subject of a record contained in this
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 that the board cannot verify or that the board finds to
be inaccurate; and,
(3) Permit the
disputant, if the disputant is not satisfied with the determination made by the
board, to include within the system:
(a) A
brief statement of the disputant's position on the disputed information; or,
(b) A brief statement that the
disputant 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 a disputant.
(E) The board shall not place personal
information into an interconnected or combined system, unless said system
contributed to the efficiency of other 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 interconnected 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 materials contained in its personal information
system.
(H) Nothing in this rule
shall be construed as to prevent access of board members to case records and
files.
