Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-75 - Accessing Confidential Personal Information › Section 3701-75-05 - Restricting and logging access to confidential personal information in computerized personal information systems

Current through all regulations passed and filed through July 1, 2024
For personal information systems that
				are computer systems and contain confidential personal information, the agency
				shall do the following:
(A)
								 Access restrictions. Access to confidential personal
			 information that is kept electronically shall require a password or other
			 authentication measure.
(B)
								 Acquisition of a new computer system. When the agency
			 acquires a new computer system that stores, manages or contains confidential
			 personal information, the agency shall include a mechanism for recording
			 specific access by employees of the agency to confidential personal information
			 in the system.
(C)
								 Upgrading existing computer systems. When the agency
			 modifies an existing computer system that stores, manages or contains
			 confidential personal information, the agency shall make a determination
			 whether the modification constitutes an upgrade. Any upgrades to a computer
			 system shall include a mechanism for recording specific access by employees of
			 the agency to confidential personal information in the system.
(D)
								 Logging
			 requirements regarding confidential personal information in existing computer
			 systems:
(1)
									
			 The agency shall require employees of the agency who access confidential
			 personal information within computer systems to maintain a log that records
			 that access.
(2)
									 Access to confidential personal information is not
			 required to be entered into the log under the following circumstances:
(a)
										 The employee of
			 the agency is accessing confidential personal information for official agency
			 purposes, including research, and the access is not specifically directed
			 toward a specifically named individual or a group of specifically named
			 individuals.
(b)
										 The employee of the agency is accessing confidential
			 personal information for routine office procedures and the access is not
			 specifically directed toward a specifically named individual or group of
			 specifically named individuals.
(c)
										 The employee of
			 the agency comes into incidental contact with confidential personal information
			 and the access of the information is not specifically directed toward a
			 specifically named individual or a group of specifically named
			 individuals.
(d)
										 The employee of the agency accesses confidential
			 personal information about an individual based upon a request made under either
			 of the following circumstances:
(i)
											 The individual requests confidential personal
			 information about himself/herself.
(ii)
											 The individual
			 makes a request that the agency takes some action on that individual's behalf
			 and accessing the confidential personal information is required in order to
			 consider or process that request.
(3)
									 For purposes of
			 this paragraph, the agency may choose the form or forms of logging, whether in
			 electronic or paper formats.