107-2-04. Confidentiality statutes and rules  


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  • (A) The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the agency confidential and identify the confidential personal information within the scope of rules promulgated by this agency in accordance with section 1347.15 of the Revised Code:

    (1) Social security numbers: 5 U.S.C. 552a., unless the individual was told that the number would be disclosed.

    (2) Criminal records check results: section 4776.04 of the Revised Code and rule 4501:2-10-06 of the Administrative Code.

    (3) Medical information: The Americans with Disabilities Act, 42 U.S.C. 12112(d).

    (4) Medical information: The Family Medical and Leave Act: Pub. L. 103-3, 29 U.S.C. Sec. 2601 as implemented in 29 CFR 825.500.

    (B) The following statutes make confidential certain personal information maintained by the governor's office in the course of administering or exercising the powers under Ohio Constitution Article III, section 11 to grant reprieves, commutations and pardons, as well under the Chapter 2963. of the Revised Code to issue and/or receive and process extraditions, requisitions, renditions and/or executive agreements; however, because such activity relates to the enforcement of the criminal laws, correction, probation, pardon, and / or parole authority, divisions (A)(1)(a) and (A)(1)(d) of section 1347.04 of the Revised Code expressly exempt such personal information from application of Chapter 1347. of the Revised Code, including section 1347.15 of the Revised Code:

    (1) Probation reports and records: division (B) of section 2151.14 of the Revised Code;

    (2) Confidential information to protect children: section 2151.423 of the Revised Code;

    (3) Juvenile disposition order: division (D)(3) of the section 2152.19 of the Revised Code;

    (4) Victim impact statement: division (D) of the section 2930.13 of the Revised Code;

    (5) Victim impact statement: division (C) of the section 2947.051 of the Revised Code;

    (6) Privileged communications: section 2317.02 of the Revised Code;

    (7) Home address of employee of law enforcement agency or court: division (A) of section 2921.24 of the Revised Code;

    (8) Victim's identification information: section 2930.07 of the Revised Code;

    (9) Victim impact statement: section 2930.13 of the Revised Code;

    (10) Victim's statement: division (A) of section 2930.14 of the Revised Code;

    (11) Recording of proceedings before magistrate for search warrant: division (E) of section 2933.231 of the Revised Code;

    (12) Suppressed evidenced from intercepted wire, oral or electronic communication: section 2933.63 of the Revised Code;

    (13) Information and records in possession of bureau of criminal identification and investigation: section 2950.08 of the Revised Code;

    (14) Victim of sexually-oriented offense information: division (A)(4) of section 2950.10 of the Revised Code;

    (15) Sealed conviction of record: section 2953.32 of the Revised Code;

    (16) Confidential investigatory work product: section 2953.321 of the Revised Code;

    (17) Officer's specific investigatory work product: section 2953.54 of the Revised Code;

    (18) Records or information related to drug or alcohol treatment program: division (A) of section 3793.13 of the Revised Code;

    (19) Information obtained from 9-1-1 databases: division (F) of section 4931.49 of the Revised Code;

    (20) Certificate, application , record or report related to psychiatric treatment of inmate: division (K) of section 5120.17 of the Revised Code; and

    (21) Information provided to the office of victim service victim of crime: division (G) of section 5120.60 of the Revised Code.

Effective: 11/14/2013
R.C. 119.032 review dates: 11/14/2018
Promulgated Under: 119.03
Statutory Authority: 1347.15(B)
Rule Amplifies: 1347.15