Signed by Governor Ted Strickland

Vote Smart's Synopsis:

Vote to pass a bill that requires state agencies to adopt rules regulating access to confidential personal information.

Highlights:

- Requires the rules regulating access to confidential personal information to include (Sec. 1):

- Criteria for determining which agency employees may access the information; - A list of valid reasons for which agency employees may access the information; - References to federal and state statutes or administrative rules that mandate the confidentiality of specific types of personal information; - A requirement that the agency upgrade or acquire computer systems to allow for a mechanism to record specific access by agency employees to the information, and a requirement that the agency keep a log of such access until it is able to make such an upgrade or acquisition; - A requirement that each agency comply with written requests from any individual for a list of the information kept by the agency about that individual, unless such information relates to an investigation of that individual; - A requirement that the agency notify individuals whose information has been accessed for invalid reasons; - A requirement that the director of the agency appoint an agency employee to serve as the "data privacy point of contact" to work with the privacy officer of the Office of Information Technology in ensuring that confidential information is protected, and requires that point of contact to complete a privacy impact assessment form; and - A requirement that a password or other authentication measure be used to access electronic confidential personal information.

- Specifies that a person who is "harmed" by a violation of the above rules shall have cause to file a civil action to recover damages and "reasonable" attorney's fees from the person(s) who directly caused the harm (Sec. 1). - Prohibits state agencies from employing persons who have plead guilty to or been convicted of accessing confidential personal information in violation of the rules established by the agency or knowingly using or disclosing such information in violation of any law, and specifies that such behavior constitutes a first degree misdemeanor (Sec. 1). - Requires the Tax Commissioner to adopt rules that require any search of the Department of Taxation's database be tracked so that administrators or investigators can identify who conducted the search (Sec. 1). - This is a substitute bill sponsored by the House Committee on State Government & Elections.

Full Bill Text