Current through all regulations passed and filed through September 16, 2024
(A) The board secretary shall be responsible
for each personal information system maintained by the board. Said employee
shall:
(1) Inform other employees who have
any responsibility for the operation, maintenance, or use of personal
information maintained in the system, of the applicable provisions of Chapter
1347. of the Revised Code and this chapter; and,
(2) Inform an individual who is asked to
supply personal information for a system whether the individual is legally
required to, or may refuse to, supply the information; and,
(3) Assure that only that personal
information which is necessary and relevant to the functions of the board as
required or authorized by statute or rule is collected and maintained;
and,
(4) Upon the request and the
proper identification of the individual, allow the individual 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. The
employee shall:
(a) Inform the individual of
any personal information in the system of which the individual is the
subject;
(b) Except for
investigative files or trial preparation files, as provided for in division
(E)(2) of section 1347.08 of the Revised Code,
permit the individual, the individual's legal guardian, or an attorney who
presents a signed, written authorization made by the individual to inspect all
personal information in the system of which the individual is the
subject;
(c) Inform the individual
about the types of uses made of the personal information, including the
identity of any user who is usually granted access to the system;
(d) Allow a individual who wishes to exercise
a right provided by paragraph (A)(4) of this rule to be accompanied by another
individual of his or her choice;
(e) Provide, upon request, copies of any
personal information that the individual is authorized to inspect. Reasonable
charges are made for providing requested copies, that shall not exceed the cost
of copying and mailing. There is no charge for
documents emailed.
(5) Investigate disputes to the accuracy,
relevance, timeliness or completeness of personal information pursuant to
section 1347.09 of the Revised
Code.
(B) The board
shall reprimand in writing any employee who initiates or contributes to any
disciplinary or punitive action against any individual who brings to the
attention of appropriate authorities, the press, or any member of the public,
evidence of unauthorized use of information contained in the system. A copy of
such reprimand shall be entered in the employee's personnel file.
(C) The board shall monitor the accuracy,
relevance, timeliness, and completeness and in accordance with procedures,
maintain information that is necessary to assure fairness in any determination
made with respect to an individual on the basis of the information, eliminating
information that is no longer necessary; and,
If an individual who is the subject of a personal information
query disputes the accuracy, relevance,
timeliness or completeness of the information and requests the board to
investigate the current status of the information, the board shall:
(1) Within ninety days after receiving the
request, make a reasonable investigation to determine whether the disputed
information is accurate, relevant, timely, and complete; and,
(2) Notify the disputant of the results of
the investigation and of the action the board plans to take with respect to the
disputed information; and,
(3)
Delete any information that it cannot verify or that it finds to be inaccurate;
and,
(4) Permit the disputant, if
unsatisfied with the board's determination, to include within the system:
(a) A brief statement of the disputant's
position on the disputed information, such statement being limited to one
hundred words with the board assisting the disputant to write a clear summary
of the dispute; or,
(b) A notation
that the disputant protests that the information is inaccurate, irrelevant,
outdated, or incomplete, with the board maintaining a copy of the disputant's
statement of the dispute.
(D) The board shall not place personal
information into an interconnected and combined system, unless such system will
contribute to the efficiency of the involved agencies in implementing programs
that are authorized by law.
