Ohio Administrative Code › Title 4733 - State Board of Registration for Professional Engineers and Surveyors › Chapter 4733-40 - Accessing Confidential Information › Section 4733-40-05 - 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 board
				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 board
			 acquires a new computer system that stores, manages or contains confidential
			 personal information, the board shall include a mechanism for recording
			 specific access by employees of the board to confidential personal information
			 in the system.
(C)
								 Upgrading existing computer systems. When the board
			 modifies an existing computer system that stores, manages or contains
			 confidential personal information, the board 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
			 board to confidential personal information in the system.
(D)
								 Logging
			 requirements regarding confidential personal information in existing computer
			 systems.
(1)
									
			 The board shall require employees of the board who access confidential personal
			 information within computer systems to maintain a log that records that
			 access.
(2)
									 Access to confidential information is not required to
			 be entered into the log under the following circumstances:
(a)
										 The employee of
			 the board 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 board is accessing confidential
			 personal information for routine office procedures and the access is not
			 specifically directed toward a specifically named individual or a group of
			 specifically named individuals.
(c)
										 The employee of
			 the board 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 board 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 board 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 board may choose the form or forms of logging, whether in
			 electronic or paper formats.