In accordance with Chapter 559, Government Code, the Agency adheres to the following privacy policies.

(1) Right to be informed about information collected. An individual has the right to be informed about information that the Agency collects about the individual unless the Agency is allowed to withhold the information from the individual under Government Code, §552.023(b).

(2) Right to receive notice about certain information laws and practices. (A) When the Agency collects information about an individual by means of a form that the individual completes and files with the Agency, the Agency informs the individual of his or her rights related to the information collected. If the form is in a paper format, the Agency posts a prominent notice of the individual's rights on the form. Or if the form is in an electronic format on an Internet site, the Agency prominently posts the notice on the Internet site in connection with the electronic form. The notice states that: (i) with few exceptions, the individual is entitled on request to be informed about the information that the Agency collects about the individual; (ii) under the Government Code, §552.021 and §552.023, the individual may receive and review the information; and (iii) under the Government Code, §559.004, the individual may have the Agency correct information about the individual that is incorrect. (B) When Agency staff uses an Internet site to collect information about an individual or about the computer network location or identity of a user of the site, the Agency prominently posts on the site what information the Agency is collecting, including such information being collected by means that are not obvious.

(3) Right to correction of incorrect information. The Agency has established a procedure under which an individual may have the Agency correct information that the Agency possesses about the individual and that is incorrect. The individual should send a written request to the Agency, 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 vocational rehabilitation case, or to an Agency personnel or employment record, documentation establishing the individual's identity should be included. The individual should attach to the request any additional material needed to identify the incorrect information or verify the correct information. The individual should include with the request contact information such as address, a daytime telephone number and an email address in case the Agency needs to clarify the request. The individual must sign and mail the request to Records Management Center, ATTN: Records Management Officer, 4405A Springdale Road, Austin, Texas 78723-6050. The Agency will acknowledge receipt of the request, and will notify the individual of final action taken.

(4) Applicability of Public Information Law. Government Code, Chapter 552, governs the charges that the Agency may impose on an individual who requests information that the Agency collects about himself or herself. However, the Agency does not charge an individual to correct information about the individual.

Source Note: The provisions of this §850.50 adopted to be effective March 12, 2012, 37 TexReg 1706; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective May 13, 2019, 44 TexReg 2364