4501-55-01 Definitions.  

  • Text Box: ACTION: Final Text Box: DATE: 11/20/2015 3:32 PM

     

     

     

    4501-55-01                  Definitions.

     

     

    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 opportunity to copy, view, or otherwise perceive, 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 of the effective date of the "Department" rule addressing requirements in section 1347.15 of the Revised Code.

     

    (C)    "Computer system" means a "system" that stores, maintains, or retrieves personal information using electronic data processing equipment.

     

    (D)    "Confidential personal information" (CPI) has the meaning as defined in division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the "Department" 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 agency confidential.

     

    (E)  "Department" means the Ohio department of public safety.

     

    (F)    "Division" means one of the business units that comprise the Ohio department of public safety. Specifically the term, "division," refers to:

     

    (1)   Administration;

     

    (2)   Ohio bureau of motor vehicles;

     

    (3)   Ohio emergency management agency;

     

    (4)   Ohio emergency medical services;

     

    (5)   Ohio criminal justice services;

     

    (6)   Ohio homeland security;

     

    (7)   Ohio investigative unit;

     

    (8) Ohio private investigator and security guard services;

     

     

     

    (8)(9) Ohio state highway patrol;

    (9)(10) Ohio traffic safety office.

    (G)   "Employee of the department" means each employee of the department regardless of whether he/she holds an elected or appointed office or position within the department. "Employee of the department" is limited to the Ohio department of public safety and its divisions.

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

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

    (J)    "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.

    (K)    "Maintains" means state or local agency ownership of, control over, responsibility for, or accountability for systems and includes, but is not limited to, state or local agency depositing of information with a data processing center for storage, processing, or dissemination. An agency maintains all systems of records that are required by law to be kept by the agency.

    (L)  "Person" means natural person.

    (M)     "Personal information" means any information that describes anything about a person, or that indicates actions done by or to a person, or that indicates that a person possesses certain personal characteristics, and that contains, and can be retrieved from a system by a name, identifying number, symbol, or other identifier assigned to a person.

    (N)  "Research" means a methodical investigation into a subject.

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

    (P)       "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 paragraph (Q) of this rule means personal information relating to the "Department's"   employees   that   is   maintained   by   the   "Department"   for

    administrative and human resource purposes.

    (Q)     "System" means any collection or group of related records that is kept in an organized manner and that is maintained by the "Department," and from which personal information is retrieved by the name of the person or by some identifying number, symbol, or other identifier assigned to the person. "System" includes both records that are manually stored and records that are stored using electronic data processing equipment. "System" does not include published directories, reference materials or newsletters, or routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person.

    (R)    "Upgrade" means a substantial redesign of an existing system for the purpose of providing a substantial amount of new application functionality, or application modifications which would involve substantial administrative or fiscal resources to implement. "Upgrade" does 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:

     

    Five Year Review (FYR) Dates:

     

    11/30/2015

     

    09/15/2015 and 09/15/2020

     

    CERTIFIED ELECTRONICALLY

     

     

    Certification

     

     

     

    11/20/2015

     

     

    Date

     

     

     

    Promulgated Under:

     

    119.03

     

    Statutory Authority:

    1347.15

     

    Rule Amplifies:

    1347.15

     

    Prior Effective Dates:

    9/19/2010

     

Document Information

Effective Date:
11/30/2015
File Date:
2015-11-20
Last Day in Effect:
2015-11-30
Five Year Review:
Yes
Rule File:
4501-55-01_PH_FF_A_RU_20151120_1532.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 4501-55-01. Definitions