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Can I use third-party HR tools that collect personal information in Ohio? What are the requirements?

Yes, you can use third-party HR tools that collect personal information in Ohio, but you must ensure that you comply with the applicable provisions of Chapter 1347 of the Revised Code and rules adopted thereunder. According to OHAC Rule 4755-26-01 and OHAC Rule 4725-13-01, the collection, maintenance, and use of personal information must be restricted to only that which is necessary and relevant to the functions of the organization as required or authorized by statute, ordinance, code, or rule. The personal information system must be maintained with accuracy, relevance, timeliness, and completeness necessary to assure fairness in any determination made by the organization which is based on information contained in the system.

If you are using a third-party HR tool that collects personal information, you must ensure that the tool complies with these requirements. You should also ensure that the tool is secure and that personal information is protected from unauthorized modification, destruction, use, or disclosure.

According to OHAC Rule 4755-8-01, the employee responsible for each personal information system must inform all employees who have any responsibility for the operation or maintenance of said system or the use of personal information maintained in the system, of the applicable provisions of Chapter 1347 of the Revised Code and rules adopted thereunder. The employee must also inform all persons requested to supply personal information for a system whether or not he/she is legally required to provide such information. The collection, maintenance, and use of personal information must be restricted to only that which is necessary and relevant to functions of the organization as required or authorized by statute, ordinance, code, or rule. The employee must provide all persons asked to supply personal information that will be placed in an interconnected or combined system, with information relevant to the system, including the identity of all other agencies or organizations that have access to the information in the system.

Furthermore, a person who is the subject of a record in a personal information system has the right to inspect the record pursuant to section 1347.08 of the Revised Code. Upon the request and verification that the person requesting access to the record is the subject of information contained in the system, the employee shall inform the person of any personal information in the system of which he/she is the subject, permit the person, or his/her legal guardian, or an attorney who presents a signed authorization made by the person, to inspect all personal information in the system of which he/she is the subject, except where prohibited by law, inform the person of the uses made of the personal information and identify other users who have access to the system, allow a person who wishes to exercise his/her rights as provided by this rule to be accompanied by one individual of his/her choice, and provide, for a reasonable charge, copies of any personal information the person is authorized to inspect.

In summary, if you are using third-party HR tools that collect personal information in Ohio, you must ensure that you comply with the applicable provisions of Chapter 1347 of the Revised Code and rules adopted thereunder. The collection, maintenance, and use of personal information must be restricted to only that which is necessary and relevant to the functions of the organization as required or authorized by statute, ordinance, code, or rule. The personal information system must be maintained with accuracy, relevance, timeliness, and completeness necessary to assure fairness in any determination made by the organization which is based on information contained in the system. If you have any doubts or questions, you should consult with a legal professional. [1.1][1.2][1.4]

Source(s):
Jurisdiction

Ohio