Ohio Administrative Code › Title 4729 - State Board of Pharmacy › Chapter 4729-1 - General Provisions › Section 4729-1-02 - Confidential personal information

Current through all regulations passed and filed through July 1, 2024
(A)
								 Procedures for
			 accessing confidential personal information.
For personal information systems,
				whether manual or computer systems, that contain confidential personal
				information, the board shall do the following:
(1)
									 Criteria for
			 accessing confidential personal information. Personal information systems of
			 the board are managed on a "need-to-know" basis whereby the information owner
			 determines the level of access required for an employee of the board to fulfill
			 the employee's job duties. The determination of access to confidential personal
			 information shall be approved by the employee's supervisor and the information
			 owner prior to providing the employee with access to confidential personal
			 information within a personal information system. The board shall establish
			 procedures for determining a revision to an employee's access to confidential
			 personal information upon a change to that employee's job duties including, but
			 not limited to, transfer or termination. Whenever an employee's job duties no
			 longer require access to confidential personal information in a personal
			 information system, the employee's access to confidential personal information
			 shall be removed.
(2)
									 Individual's request for a list of confidential
			 personal information. Upon the signed written request of any individual for a
			 list of confidential personal information about the individual maintained by
			 the board, the board shall do the following:
(a)
										 Verify the
			 identity of the individual by a method that provides safeguards commensurate
			 with the risk associated with the confidential personal
			 information;
(b)
										 Provide to the individual the list of confidential
			 personal information that does not relate to an investigation about the
			 individual or is otherwise not excluded from the scope of Chapter 1347. of the
			 Revised Code; and
(c)
										 If all information relates to an investigation about
			 that individual, inform the individual that the board has no confidential
			 personal information about the individual that is responsive to the
			 individual's request.
(3)
									 Notice of
			 invalid access:
(a)
										 Upon discovery of or notification that confidential
			 personal information of a person has been accessed by an employee for an
			 invalid reason, the board shall notify the person whose information was
			 invalidly accessed as soon as practical and to the extent known at the time.
			 However, the board shall delay notification for a period of time necessary to
			 ensure that the notification would not delay or impede an investigation or
			 jeopardize homeland or national security. Additionally, the board may delay the
			 notification consistent with any measures necessary to determine the scope of
			 the invalid access, including which individuals' confidential personal
			 information was invalidly accessed, and to restore the reasonable integrity of
			 the system.
"Investigation" as used in this
				paragraph means the investigation of the circumstances and involvement of an
				employee surrounding the invalid access of the confidential personal
				information. Once the board determines that notification would not delay or
				impede an investigation, the board shall disclose the access to confidential
				personal information made for an invalid reason to the person.
(b)
										
			 Notification provided by the board shall inform the person of the type of
			 confidential personal information accessed and the date(s) of the invalid
			 access.
(c)
										 Notification may be made by any method reasonably
			 designed to accurately inform the person of the invalid access, including
			 written, electronic, or telephone notice.
(4)
									 Appointment of a
			 data privacy point of contact. The board executive director shall designate an
			 employee of the board to serve as the data privacy point of contact. The data
			 privacy point of contact shall work with the chief privacy officer within the
			 office of information technology to assist the board with both the
			 implementation of privacy protections for the confidential personal information
			 that the board maintains and compliances with section
			 1347.15 of the Revised Code and
			 the rules adopted pursuant to the authority provided by that
			 chapter.
(5)
									 Completion of a privacy impact assessment. The board
			 executive director shall designate an employee of the board to serve as the
			 data privacy point of contact who shall timely complete the privacy impact
			 assessment form developed by the office of information
			 technology.