3318-2-03. Valid reasons for accessing confidential personal information

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the Ohio facilities construction commission's exercise of its powers or duties, for which only employees of the commission or its agents may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system:

(A) Performing the following functions constitute valid reasons for authorized employees or agents of the commission to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of CPI the agency maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program requirements;

(7) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure [or permit, eligibility, filing, etc.]processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues);

(14) Complying with an executive order or policy;

(15) Complying with an agency policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency; or

(16) Complying with a collective bargaining agreement provision.

(B) To the extent that the general processes described in paragraph (A) of this rule do not cover the following circumstances, for the purpose of carrying out specific duties of the Ohio facilities construction commission, authorized employees or agents would also have valid reasons for accessing CPI in these following circumstances:

(1) Employees or agents may review CPI for individuals in the review and processing of certified payrolls.

(2) Employees or agents may review CPI for individuals and firms in the review and processing of payments and in the review of apparent low bidders, including social security numbers or federal employer identification numbers.

(3) Employees or agents may review CPI for individuals in the review of criminal records check results obtained through the Ohio bureau of criminal identification and investigation or the federal bureau of investigation to determine compliance with the commission's policy on site security.

(4) Employees or agents may review CPI for individuals in the review of driving records obtained through the Ohio bureau of motor vehicles to determine compliance with the commission's policy on site security.

(5) Employees or agents may review CPI for individuals in the review of the results of drug screens for the purposes of determining compliance with the commission's drug-free safety program.

Five Year Review (FYR) Dates: 11/2/2017 and 11/02/2022
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15
Prior Effective Dates: 12/30/2012

Prior History: (Effective: 12/30/2012
R.C. 119.032 review dates: 12/30/2017
Promulgated Under: 119.03
Statutory Authority: 1347.15
Rule Amplifies: 1347.15)