Ohio Administrative Code › Title 5703 - Department of Taxation › Chapter 5703-31 - Accessing Confidential Personal Information › Section 5703-31-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
For the purposes of administrative
				rules promulgated in accordance with sections
				1347.15 and
				5703.211 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 of the effective date of the agency rule addressing requirements in section
			 1347.15 of the Revised
			 Code.
(C)
								 "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.
(D)
								 "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 agency 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)
								 "Employee of the
			 state agency" means each employee of a state agency regardless of whether
			 he/she holds an elected or appointed office or position within the state
			 agency. "Employee of the state agency" is limited to the specific employing
			 state agency.
(F)
								 "Incidental contact" means contact with the
			 information that is secondary or tangential to the primary purpose of the
			 activity that resulted in the contact.
(G)
								 "Individual"
			 means a natural person or the natural person's authorized representative, legal
			 counsel, legal custodian, or legal guardian.
(H)
								 "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.
(I)
								 "Person" means a
			 natural person.
(J)
								 "Personal information" has the same meaning as defined
			 in division (E) of section
			 1347.01 of the Revised
			 Code.
(K)
								 "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.
(L)
								 "Research" means
			 a methodical investigation into a subject.
(M)
								 "Routine" means
			 commonplace, regular, habitual, or ordinary.
(N)
								 "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 employees and maintained by the agency
			 for internal administrative and human resource purposes.
(O)
								 "System" has the
			 same meaning as defined by division (F) of section
			 1347.01 of the Revised
			 Code.
(P)
								 "Upgrade" means a substantial redesign of an existing
			 computer 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.
(Q)
								 "Database," as used in section
			 5703.211 of the Revised Code,
			 means a "system" that contains "personal information" as those terms are
			 defined in section 1347.01 of the Revised
			 Code.
Five Year Review (FYR) Dates:
				12/07/2016 and
				12/07/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1347.15,
				5703.211,
				5703.05
Rule
				Amplifies: 1347.15,
				5703.211
Prior
				Effective Dates: 02/01/2011