4775-5-01. Definitions for accessing confidential personal information  


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  • For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

    (A) Access as a noun means an instance of copying, viewing, or otherwise perceiving whereas access as a verb means to copy, view, or otherwise perceive.

    (B) Acquisition of a new computer system means the purchase of a computer system, as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as the effective date of the board rule addressing requirements in section 1347.15 of the Revised Code.

    (C) Board or state board means the Ohio board of motor vehicle repair .

    (D) Computer system means a system, as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

    (E) Confidential personal information (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the board in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the board confidential.

    (F) Employee of the state board means each employee of a state board regardless of whether he/she holds an elected or appointed office or position within the state board. Employee of the state board is limited to the specific employing state board.

    (G) Incidental contact means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

    (H) Individual means natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

    (I) Information owner means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

    (J) Person means natural person.

    (K) Personal information has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

    (L) Personal information system means a system that maintains personal information as those terms are defined in section 1347.01 of the Revised Code. System includes manual and computer systems.

    (M) Research means a methodical investigation into a subject.

    (N) Routine means common place, regular, habitual, or ordinary.

    (O) Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to the board's employees that is maintained by the board for administrative and human resource purposes.

    (P) System has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

    (Q) Upgrade means a substantial redesign of an existing system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.


Effective: 4/1/2016
Five Year Review (FYR) Dates: 01/12/2016 and 04/01/2021
Promulgated Under: 119.03
Statutory Authority: 4775.04
Rule Amplifies: 4775.05
Prior Effective Dates: 01/10/11.