Ohio Administrative Code › Title 5122 - Department of Mental Health and Addiction Services › Chapter 5122-1 - General Provisions › Section 5122-1-04 - Access to confidential personal information

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of this rule is to establish
			 the requirements for regulating access to the confidential personal information
			 that is maintained by the Ohio department of mental health and addiction
			 services.
(B) For the purposes of
			 administrative rules promulgated in accordance with section
			 1347.15
			 of the Revised Code, the following definitions apply:
(1) "Access" when used in this rule as a noun
			 means an instance of copying, viewing, or otherwise perceiving.
"Access" when used in this rule as a verb means to copy, view,
				or otherwise perceive.
(2)
			 "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.
(3) "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.
(4) "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 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
			 department confidential.
(5)
			 "Department" means the Ohio department of mental health and addiction
			 services.
(6) "Employee" means each
			 Ohio department of mental health and addiction services employee regardless of
			 whether the employee holds an elected or appointed office or position within
			 the department.
(7) "Incidental
			 contact" means contact with the information that is secondary or tangential to
			 the primary purpose of the activity that resulted in the contact.
(8) "Individual" means a natural person or
			 the natural person's authorized representative, legal counsel, legal custodian,
			 or legal guardian.
(9) "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.
(10) "Person" means a natural
			 person.
(11) "Personal information"
			 has the same meaning as defined in division (E) of section
			 1347.01
			 of the Revised Code.
(12) "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.
(13) "Research" means a methodical
			 investigation into a subject.
(14)
			 "Routine" means commonplace, regular, habitual, or ordinary.
(15) "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.
(16) "System" has the
			 same meaning as defined by division (F) of section
			 1347.01
			 of the Revised Code.
(17) "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.