While the public is guaranteed access to the District’s public records, the District has a further duty to respect the privacy rights of its employees. As such, the District recognizes that not all information contained in an employee’s personnel file is subject to public disclosure. Consequently, the District will redact confidential or other information identified under State law as not subject to public disclosure prior to responding to a public records request (be it a request to inspect and/or receive a copy of the public record). To redact information means to black-out or remove the non-public information from an otherwise public record before public disclosure of the record.
The following information and/or items are not subject to public disclosure, and shall be redacted from a public record prior to disclosure of the record:
| | A. | Social Security numbers (State ex rel. Beacon Journal Publ. Co. v. City of Akron, 70 OS 3d 605 (1994));
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| | B. | Medical Records
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| | | 1. | documents or combinations of documents that pertain to a patient’s medical history, diagnosis, prognosis, or medical condition, and that is generated and maintained in the process of medical treatment (R.C. 149.43(A)(1)(b));
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| | | 2. | documents or combinations of documents that contain genetic information of an applicant, employee, or former employee (GINA);
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| | C. | all information regarding a participant’s account in Ohio’s public employees deferred compensation program (including, but not limited to, contribution amounts identified in W-2 forms);
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| | D. | criminal records check (e.g., BCII reports) (R.C. 3319.39(D));
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| | E. | student records containing personally identifiable information which is not otherwise directory information (R.C. 149.43(A)(1)(a); FERPA);
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| | F. | trial preparation records (R.C. 149.43(A)(1)(g));
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| | G. | information pertaining to the recreational activities of a person under the age of eighteen (18) (R.C. 149.43(A)(1)(r));
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| | H. | State Teacher Retirement System records (R.C. 3309.22 and R.C. 3307.20):
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| | | 1. | the individual’s personal records provided for in R.C. 3307.23
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| | | 2. | the individual’s personal history record
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| | | 3. | any information identifying, by name and address, the amount of a monthly allowance or benefit paid to the individual
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| | | 4. | all medical reports and recommendations under R.C. 3307.62, 3307.64, and 3307.66
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| | I. | State Employees Retirement System records (R.C. 3309.22 and R.C. 3307.20):
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| | | 1. | the individual’s statement of previous service and other information as provided for in R.C. 3309.28
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| | | 2. | any information identifying by name and address the amount of monthly allowance or benefit paid to the individual
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| | | 3. | the individual’s personal history record
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| | | 4. | all medical reports and recommendations required by the system
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| | J. | employee's personal contact information that is maintained for administrative convenience (e.g., the employee's home address, home telephone number, and personal e-mail address) (State ex rel. Dispatch Printing Co. v Johnson (2005) 106 Ohio St. 3d 160), unless:
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| | | 1. | such information is necessary to document the employee's compliance with an employment requirement that the employee live in a specific geographic area, or
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| | | 2. | the personal contact information is also the employee's work contact information (e.g., the employee's work address is also the employee's home address, the employee's work telephone number is also the employee's home telephone number, and/or the employee's work e-mail address is also the employee's personal e-mail address
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| | K. | any other information/records the release of which is prohibited by State or Federal law. Some primary examples are:
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| | | 1. | security records, including a school safety plan (R.C 149.433);
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| | | 2. | infra-structure records (does not include simple floor plans) (R.C. 149.433);
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| | | 3. | attorney-client privileged documents – see, for example State ex rel. Nix v. City of Cleveland 83 Ohio St. 3d 379 (1998).
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Redactions
Redactions are considered denials and, therefore, in making such deletions, districts should report the legal authority that serves as the basis for the removal of this information.
Additionally, to the extent that an item is not a public record and is "personal information," the District is under an affirmative duty to prevent its disclosure. "Personal Information" is defined as "any information that describes anything about a person, or that indicates actions done by or to a person, or that indicates that a person possesses certain personal characteristics, and that contains, and can be retrieved from a system by a name, identifying number, symbol, or other identifier assigned to a person."
R.C. 149.43(A)(1)(a) and (A)(3), 3307.20(B) & (C), 3309.22(A) & (B), 3319.39(D)
R.C. 1347.01(E), 1347.05(G)
A.C. 148-1-01(C)(6)
29 C.F.R. Part 1635
42 U.S.C. 2000ff et seq., The Genetic Information Nondiscrimination Act