Ohio Administrative Code › Title 5101:9 - ODJFS Practices › Chapter 5101:9-9 - Federal Tax Return Information Safeguarding Procedures › Section 5101:9-9-38 - County electronic data usage

Current through all regulations
			 passed and filed through July 1, 2024
(A)
								As used in this
			 rule, "county family services agency" means a county department of job and
			 family services, public children services agency, child support enforcement
			 agency, or other entity designated by a board of county commissioners in
			 accordance with section
			 307.981 of the Revised
			 Code.
(B)
								The county family services agency shall not download,
			 match, scrape or extract data, or data elements from any Ohio department of job
			 and family services (ODJFS) system(s) where the data owner is the internal
			 revenue service (IRS), social security administration (SSA) or other state or
			 federal entity, without obtaining express written permission from the data
			 owner, for the download, match, scrape or data extract. ODJFS can only
			 authorize the download, scrape or extract of data where ODJFS is the data
			 owner.
(C)
								Excluding the data and data elements described in
			 paragraph (B) of this rule, the following are permissible uses of ODJFS systems
			 including but not limited to SETS, Ohio Benefits, SACWIS, OWCMS, and
			 CCIDS:
(1)
									A
			 county family services agency employee may download, match, scrape or extract
			 data from an ODJFS system to perform duties directly related to or required by
			 his or her job functions or duties, but only if such job functions or duties
			 are directly related to administration of programs overseen by ODJFS for which
			 the county family services agency is responsible for administering on behalf of
			 ODJFS. This includes utilizing data to fulfill federal or state program-related
			 audit requirements, to the extent necessary and appropriate.
(2)
									A person or third
			 party under contract with a county family services agency may download, match,
			 scrape or extract data from an ODJFS system if:
(a)
										It is directly
			 related to or required for administration of program(s) overseen by ODJFS,
			 which the county family services agency is responsible for administering on
			 behalf of ODJFS;
(b)
										The contract requires, at a minimum, that the
			 contractor comply with the same confidentiality and data security provisions to
			 which ODJFS and the county family services agency are subject;
			 and,
(c)
										The county family services agency assumes full legal
			 and financial responsibility, including for any litigation or adverse federal,
			 state, or county audit findings resulting from the contractor's use,
			 management, misuse or mismanagement of the data.
(d)
										Except as
			 prohibited by law, nothing in paragraph (C)(2)(c) of this rule shall prevent
			 the county family services agency from seeking and obtaining payment or other
			 compensation or relief from its contractor, either as set forth in the county
			 family services agency's contract with its contractor, or by way of legal,
			 administrative, or other action.
(3)
									Any download,
			 match, scrape or extraction of data under paragraph (C) of this rule shall be
			 in compliance with data security requirements contained in rule
			 5101:9-9-37
			 of the Administrative Code and all other applicable federal and state
			 confidentiality laws.