In accordance with Chapter 559, Government Code, DARS adheres to the following privacy policies.
  (1) Right to be informed about information collected. A person has the right to be informed about information that DARS collects about the person unless DARS is allowed to withhold the information from the person under Government Code, §552.023(b).
  (2) Right to notice about certain information laws and practices.
    (A) When DARS collects information about a person by means of a form that the person completes and files with DARS, DARS informs the person of his or her rights related to the information collected. If the form is in a paper format, DARS posts a prominent notice of the person's rights on the form. Or if the form is in an electronic format on an Internet site, DARS prominently posts the notice on the Internet site in connection with the electronic form. The notice states that:
      (i) with few exceptions, the person is entitled on request to be informed about the information that DARS collects about the person;
      (ii) under the Government Code, §552.021 and §552.023, the person may receive and review the information; and
      (iii) under the Government Code, §559.004, the person may have DARS correct information about the person that is incorrect.
    (B) When DARS uses an Internet site to collect information about a person or about the computer network location or identity of a user of the site, DARS prominently posts on the site what information DARS is collecting, including such information being collected by means that are not obvious.
  (3) Right to correction of incorrect information. DARS has established a procedure under which a person may have DARS correct information that DARS possesses about the person and that is incorrect. The person should send a written request to DARS, including his or her full name and mailing address; identify the incorrect information; and provide the correct information. If the information to be corrected is related to a social security disability determination, to a vocational rehabilitation case, or to a DARS personnel or employment record, the person's social security number should be included. The person should attach to the request any additional material needed to identify the incorrect information or verify the correct information. The person may choose to include with the request a daytime telephone number in case DARS needs to call to clarify the request. The person must sign and mail the request to Department of Assistive and Rehabilitative Services, ATTN: Records Management Office, 4900 North Lamar Boulevard, Austin, Texas 78751-2316. DARS will acknowledge receipt of the request, and will notify the person of final action taken.
  (4) Applicability of Public Information Law. Government Code, Chapter 552, governs the charges that DARS may impose on a person who requests information that DARS collects about himself or herself. However, DARS does not charge a person to correct information about the person.

Source Note: The provisions of this §101.807 adopted to be effective March 12, 2012, 37 TexReg 1706