CONFIDENTIALITY AND PROTECTION OF INFORMATION. 1. Any information communicated in whatsoever form pursuant to this Agreement shall be treated as either confidential or of a restricted nature depending on the rules applicable in each of the Contracting Parties, 2. A Contracting Party shall not use or disclose information obtained under this Agreement except for the purposes of this Agreement, or with the prior written consent of the providing Contracting Party and subject to such caveats and restrictions as the providing Contracting Party may require. However, if either Contracting Party is required by the laws and regulations of that Contracting Party to disclose information obtained pursuant to this Agreement it shall give notice of any such disclosure to the providing Contracting Party and wherever possible in advance of such disclosure. 3. Subject to any requirements applying to a Contracting Party by virtue of the laws and regulations of that Contracting Party, or express conditions, caveats, restrictions or handling instructions requiring greater protection, all information provided under this Agreement shall be afforded the same or higher level of security and privacy protection as indicated by the security classification or any other handling caveats attached to the requested authority's information. 4. Personal data shall be exchanged only where the Contracting Party which may receive it undertakes to protect such data in a manner that is considered adequate by the Contracting Party that may supply such personal data. 5. Each Contracting Party shall restrict access to information received under this Agreement to those persons who need to be aware of its content. 6. Each Contracting Party shall restrict, hold and transmit information received under this Agreement using recognised security mechanisms such as passwords, encryption, or other reasonable safeguards consistent with the security classification attached to the particular information. 7. Each Contracting Party shall notify the other of any accidental or unauthorised access, use, disclosure, modification or disposal of information received under this Agreement and shall furnish full details of the accidental or unauthorised access, use, disclosure, modification or disposal of the information. 8. Where information received under this Agreement has been accidentally disclosed or modified each Contracting Party shall do everything reasonably practicable to recover or, where recovery is not possible, ensure the destruction of the modified or disclosed information. 9. Either Contracting Party may request additional protections to be placed on highly sensitive information. 10. Information shall not be processed and kept longer than necessary for the purpose of implementing this Agreement and in accordance with the requirements of Each Contracting Party concerning privacy and the maintenance of public records. Each Contracting Party shall ensure the orderly disposal of information that has been received under this Agreement as provided for by the laws and regulations of that Contracting Party. 11. Nothing in this Agreement shall preclude the use of information or documents obtained in accordance with this Agreement as evidence in proceedings or charges subsequently instituted before the courts or tribunals in respect of operations in breach of customs legislation. Therefore, the Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges which may subsequently be brought before the courts or tribunals use as evidence information obtained and documents consulted in accordance with the provisions of this Agreement. The Contracting Party which supplied that information or gave access to those documents shall be notified of such use.
Appears in 4 contracts
Samples: Agreement Between the European Union and New Zealand on Cooperation and Mutual Administrative Assistance in Customs Matters, Agreement on Cooperation and Mutual Administrative Assistance in Customs Matters, Agreement Between the European Union and New Zealand on Cooperation and Mutual Administrative Assistance in Customs Matters
CONFIDENTIALITY AND PROTECTION OF INFORMATION. 1. Any information communicated in whatsoever whatever form pursuant to this Agreement shall be treated as either confidential or of a restricted nature nature, depending on the rules applicable in each of the Contracting Parties,.
2. A Contracting Party shall not use or disclose information obtained under this Agreement except for the purposes of this Agreement, or with the prior written consent of the providing Contracting Party and subject to such caveats and restrictions as the providing Contracting Party may require. However, if either Contracting Party is required by the laws and regulations of that Contracting Party to disclose information obtained pursuant to this Agreement Agreement, it shall give notice of any such disclosure to the providing Contracting Party and wherever possible in advance of such disclosure.
3. Subject to any requirements applying to a Contracting Party by virtue of the laws and regulations of that Contracting Party, or express conditions, caveats, restrictions or handling instructions requiring greater protection, all information provided under this Agreement shall be afforded the same or higher level of security and privacy protection as that indicated by the security classification or any other handling caveats attached to the requested authority's information.
4. Personal data shall be exchanged only where the Contracting Party which may receive it undertakes to protect such data in a manner that is considered adequate by the Contracting Party that may supply such personal data.
5. Each Contracting Party shall restrict access to information received under this Agreement to those persons who need to be aware of its content.
6. Each Contracting Party shall restrict, hold and transmit information received under this Agreement using recognised security mechanisms such as passwords, encryption, or other reasonable safeguards consistent with the security classification attached to the particular information.
7. Each Contracting Party shall notify the other of any accidental or unauthorised access, use, disclosure, modification or disposal of information received under this Agreement and shall furnish full details of the accidental or unauthorised access, use, disclosure, modification or disposal of the information.
8. Where information received under this Agreement has been accidentally disclosed or modified each Contracting Party shall do everything reasonably practicable to recover or, where recovery is not possible, ensure the destruction of the modified or disclosed information.
9. Either Contracting Party may request additional protections to be placed on highly sensitive information.
10. Information shall not be processed and kept longer than necessary for the purpose of implementing this Agreement and in accordance with the requirements of Each each Contracting Party concerning privacy and the maintenance of public records. Each Contracting Party shall ensure the orderly disposal of information that has been received under this Agreement as provided for by the laws and regulations of that Contracting Party.
11. Nothing in this Agreement shall preclude the use of information or documents obtained in accordance with this Agreement as evidence in proceedings or charges subsequently instituted before the courts or tribunals in respect of operations in breach of customs legislation. Therefore, the Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges which may subsequently be brought before the courts or tribunals use as evidence information obtained and documents consulted in accordance with the provisions of this Agreement. The Contracting Party which supplied that information or gave access to those documents shall be notified of such use.
Appears in 1 contract
Samples: Cooperation Agreement
CONFIDENTIALITY AND PROTECTION OF INFORMATION. 1. Any information communicated in whatsoever form pursuant to received under this Agreement shall be treated as either confidential or and shall, at least, be subject to the same confidentiality and protection as the same kind of a restricted nature depending on information is subject to under the rules applicable in each legal and administrative provisions of the Contracting Parties,Party where it is received.
2. A Contracting Party shall not use or disclose information obtained Personal data exchange under this Agreement except for shall not begin until the purposes of this AgreementCustoms administrations have, or by mutual arrangement in accordance with Article 28, decided that such data will be afforded, in the prior written consent territory of the providing Contracting Party and subject to such caveats and restrictions as where it is received, a level of protection that satisfies the providing Contracting Party may require. However, if either Contracting Party is required by requirements of the laws and regulations national law of that Contracting Party to disclose information obtained pursuant to this Agreement it shall give notice of any such disclosure to the providing Contracting Party and wherever possible in advance of such disclosuresupplying Customs administration.
3. Subject In the absence of a mutual arrangement as referred to any requirements applying to a in paragraph 2 of this Article, personal data may only be supplied when the supplying Customs administration is satisfied that such personal data will be protected in the territory of the Contracting Party by virtue where it is received, in accordance with paragraphs 4 to 10 of this Article.
4. On request, the Customs administration receiving personal data shall inform the Customs administration which supplied that data of the laws use made of it and regulations of that Contracting Party, or express conditions, caveats, restrictions or handling instructions requiring greater protection, all information provided the results achieved.
5. Personal data supplied under this Agreement shall be afforded kept only for the same or higher level of security and privacy protection as indicated by time necessary to achieve the security classification or any other handling caveats attached to the requested authority's information.
4. Personal data shall be exchanged only where the Contracting Party purpose for which may receive it undertakes to protect such data in a manner that is considered adequate by the Contracting Party that may supply such personal data.
5. Each Contracting Party shall restrict access to information received under this Agreement to those persons who need to be aware of its contentwas supplied.
6. Each Contracting Party shall restrictThe Customs administration supplying personal data shall, hold and transmit information received under this Agreement using recognised security mechanisms such as passwords, encryption, or other reasonable safeguards consistent with the security classification attached to the particular informationextent possible, ensure that this data has been collected fairly and lawfully and that it is accurate and up to date and not excessive in relation to the purposes for which it is supplied.
7. Each Contracting Party If personal data supplied is found to be incorrect or should not have been exchanged, this shall notify the other of any accidental be notified immediately. The Customs administration that has received such data shall amend or unauthorised access, use, disclosure, modification or disposal of information received under this Agreement and shall furnish full details of the accidental or unauthorised access, use, disclosure, modification or disposal of the informationdelete it.
8. Where information received The Customs administrations shall record the supply or receipt of personal data exchanged under this Agreement has been accidentally disclosed or modified each Contracting Party shall do everything reasonably practicable to recover or, where recovery is not possible, ensure the destruction of the modified or disclosed informationAgreement.
9. Either Contracting Party may request additional protections The Customs administrations shall take the necessary security measures to be placed on highly sensitive informationprotect personal data exchanged under this Agreement from unauthorized access, amendment or dissemination.
10. Information Either Contracting Party shall not be processed and kept longer than necessary for the purpose of implementing this Agreement and liable, in accordance with the requirements of Each Contracting Party concerning privacy its legal and the maintenance of public records. Each Contracting Party shall ensure the orderly disposal of information that has been received under this Agreement as provided administrative provisions, for by the laws and regulations of that Contracting Party.
11. Nothing in this Agreement shall preclude the damage caused to a person through its use of information or documents obtained in accordance with this Agreement as evidence in proceedings or charges subsequently instituted before the courts or tribunals in respect of operations in breach of customs legislation. Therefore, the Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges which may subsequently be brought before the courts or tribunals use as evidence information obtained and documents consulted in accordance with the provisions of personal data exchanged under this Agreement. The This shall also be the case where the damage was caused by a Contracting Party which supplied supplying inaccurate data or supplying data that information or gave access is contrary to those documents shall be notified of such usethis Agreement.
Appears in 1 contract
Samples: Model Bilateral Agreement on Mutual Administrative Assistance in Customs Matters
