Ohio Administrative Code
Title 4758 - Chemical Dependency Professionals Board
Chapter 4758-20 - Personal Information Systems
Section 4758-20-01 - Personal information systems
Universal Citation: OH Admin Code 4758-20-01
Current through all regulations passed and filed through September 16, 2024
(A) The following regulations shall govern the control of personal information maintained by the board.
(1) The executive director shall be directly
responsible for each applicant's personal information maintained in the board's
personal information system. The executive director shall:
(a) Inform all employees who have been
assigned responsibility for the operation, maintenance, or use of personal
information of the applicable provisions of Chapter 1347. of the Revised Code
and rules adopted there under.
(b)
Inform all persons requested to supply personal information to only that which
is necessary and relevant to functions of the board as required or authorized
by statue or rule.
(c) 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 statue or rule.
(d) Provide to
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 system.
(e) Allow all
persons to inspect their personal information pursuant to section
1347.08 of the Revised Code.
Upon receiving a request and verifying that the person requesting access to the
personal information is the subject of the information contained in the system,
the employee shall:
(i) Provide the personal
information to that person;
(ii)
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 subject, except where prohibited by law;
(iii) Inform the person of the
uses made of the personal information and identify other users who have access
to the system;
(iv) Allow persons
who wish to exercise their right to inspect personal information, as provided
by this rule, to be accompanied by one individual of that person's choice;
(v) Provide, for a reasonable fee,
copies of any personal information the person is authorized to inspect; and
(vi) Investigate disputes
concerning the accuracy, relevance, timeliness or completeness of personal
information pursuant to section
1347.09 of the Revised Code.
(2) The
board shall discipline any employee who initiates or otherwise contributes to
any disciplinary or other punitive action taken against another individual who
brings attention to the appropriate authorities, the press, or a member of the
public, any evidence of unauthorized use of any material contained in the
personal information system.
(3)
The board shall monitor its personal information system by:
(a) Maintaining the personal information
system with the accuracy, relevance, timeliness and completeness necessary to
assure fairness in any determination made by the board that is based on
information contained in the system; and
(b) Eliminating unnecessary information from
the system.
(4) The
board shall investigate, upon request, the accuracy, relevance, timeliness or
completeness of personal information which is disputed by a person who is the
subject of information contained in the system within ninety days after receipt
of a request. The board shall:
(a) Notify the
disputant of the results of the investigation and any action the Board intends
to take with respect to the disputed information; and
(b) Delete any information the board cannot
verify or finds to be inaccurate;
and
(c)
Permit the disputant, if the disputant is not satisfied with the determination
made by the board, to include within the system:
(i) A brief statement of the person's
position on the disputed information; or
(ii) A brief statement that the person finds
the information in the system to be inaccurate, irrelevant, outdated, or
incomplete.
(d) The
board shall maintain a copy of all statements made by the disputant.
(5) The board shall not place
personal information into an interconnected and combined system, unless the
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.
(6) The board
shall not use personal information placed into an interconnected and combined
system by another state or local agency or organization, unless the personal
information is necessary and relevant to the performance of a lawful function
of the board.
(7) The board shall
make available, upon request, all information concerning fees charged by the
board for reproduction of materials contained in its personal information
system.
Five Year Review (FYR) Dates:
05/12/2015 and
06/13/2019
Promulgated
Under: 119.03
Statutory
Authority: 4758.20
Rule
Amplifies: 4758.20
Prior
Effective Dates: 6/13/04
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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