Common use of CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION Clause in Contracts

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. All parties to this Agreement recognize that confidentiality of wage data is of paramount importance and must be observed except where disclosure is allowed by this Agreement or by court order. All data exchange activity by the SUIA and/or the XXXXX conducted through WRIS2 will be conducted in a manner consistent with applicable state law. All such activity conducted by ETA and/or its contractor/s will be performed in a manner consistent with the FERPA (20 U.S.C. § 1232g; 34 CFR Part 99) and other applicable state and Federal laws. The parties agree to take all necessary steps to protect such confidentiality by complying with the following provisions that are applicable to their particular entity, which are consistent with 20 CFR Part 603, in governing their handling of confidential information: A. SUIA 1. No employee of the SUIA receiving a Query may duplicate or disseminate the wage data contained in the query except to other employees specifically authorized to receive such data. No employee of the SUIA receiving a Query may duplicate or disseminate the wage data contained in such Query to anyone outside the SUIA. 2. The SUIA that receives a Query shall not extract information from the Query except for the purpose of responding to the Query by transmitting wage data in the form of a reply for the purposes set forth in Section VII.C of this Agreement. 3. The SUIA shall retain the query only for the period of time required to respond with a reply. Magnetic tape files shall be degaussed. Electronic data shall be permanently deleted. 4. The SUIA shall not create a separate file or system containing the SSNs of individuals about whom the SUIA received a query for wage data. 5. Replies transmitted from the SUIA to the WRIS2 Clearinghouse shall be stored in an area that is physically safe from access by unauthorized persons at all times. 6. The queries obtained through WRIS2 shall be processed in a manner that will protect the confidentiality of the records and is designed to prevent unauthorized persons from retrieving such records by computer, remote terminal, or any other means. Queries may be downloaded to, or maintained on, mobile or portable devices only if the queries are encrypted with a very strong password that, at minimum, meets the standards established by the National Institute of Standards and Technology. Queries may be accessed only from a secure location. 7. The SUIA shall permit ETA and/or the representatives of any participating state to make on-site inspections during regular business hours or other investigations to assure that the confidentiality safeguards described above are being maintained by the SUIA and its employees. In accordance with this responsibility, the SUIA shall make records subject to this Agreement available for inspection, review, and/or audit by authorized persons. 8. The SUIA shall respond to the Operations Contractor for the purpose of correcting system errors or breakdowns, troubleshooting or testing the system, or for other operational purposes. 9. The SUIA shall report to ETA, in writing, regarding any circumstances adversely affecting its ability to meet the responsibilities or obligations set forth in this Agreement. 10. The SUIA will ensure that payment of the costs associated with any disclosure of confidential unemployment compensation information for purposes under WRIS2, if not more than an incidental amount of staff time and no more than nominal processing costs are involved in making the disclosure, will be covered from a source other than the state's unemployment compensation grant. X. XXXXX 1. No employee of the XXXXX may duplicate or disseminate wage data received from a SUIA, subject to the following exceptions: a) To other employees of the XXXXX specifically authorized to receive such data; or b) To the Operations Contractor for the purpose of performing duties imposed upon them pursuant to the terms of this Agreement; or c) To auditors who are public employees seeking access to the information in the performance of their official duties; or d) In the form of reports to DOL containing individual records, provided that such individual records are not accompanied by SSNs or names that would identify the individuals. Unless covered by one of the aforementioned exceptions, under no circumstance shall wage data obtained through WRIS2 in accordance with this Agreement be shared with any party outside the XXXXX except in the form of aggregate statistical reports. 2. The XXXXX shall not create a separate file or system concerning the individual(s) for whom the SUIA provides wage data. 3. The XXXXX shall not extract information from wage data provided by a SUIA for any purpose not stated in this agreement. 4. The XXXXX shall retain the wage data received from the SUIA only for the period of time required to utilize it for assessment and reporting purposes, or to satisfy applicable federal records retention requirements. Thereafter, the wage data shall be destroyed, including the degaussing of magnetic tape files and permanent deletion of electronic data. 5. The XXXXX shall ensure that any information used to create WRIS2 requests has been obtained and is being transmitted in conformity with FERPA and state laws governing the confidentiality of information in the possession of educational institutions. 6. Access to wage data and to any records created from wage data exchanged through the WRIS2 shall be restricted to only those employees of the XXXXX who need it in their official capacity to perform duties connected with implementation of this agreement. 7. XXXXX personnel who will have access to wage data shall be advised of the confidential nature of the information, the safeguards required to protect the information, and the civil and criminal sanctions for noncompliance with such safeguards that are contained in Federal and state laws. Prior to being able to have access to wage data through the WRIS2 Clearinghouse, such XXXXX personnel shall execute a standard document acknowledging their understanding of the confidential nature of the wage data and the safeguards with which they must comply in their handling of such data as well as the fact that they may be liable to civil and criminal sanctions for improper disclosure of wage data. 8. Wage data obtained through WRIS2 shall be stored in an area that is physically safe from access by unauthorized persons at all times. 9. The wage data obtained through the WRIS2 Clearinghouse shall be processed in a manner that will protect the confidentiality of the records and is designed to prevent unauthorized persons from retrieving such records by computer, remote terminal, or any other means. Wage data may be downloaded to, or maintained on, mobile or portable devices only if the wage data are encrypted with a very strong password that, at minimum, meets the standards established by the National Institute of Standards and Technology. In addition, wage data may only be accessed from secure locations. 10. Wage data obtained by the XXXXX through a request shall not be disclosed to third parties except as permitted under the terms of this Agreement. 11. The XXXXX shall permit ETA and/or the representatives of any participating state to make onsite inspections during regular business hours for the purpose of conducting program audits and/or to conduct other investigations to assure that the XXXXX is complying with the confidentiality requirements described above. In accordance with this responsibility, the XXXXX shall make records applicable to this Agreement available to authorized persons for the purpose of inspection, review, and/or audit. 12. The XXXXX shall respond to the Operations Contractor for the purpose of correcting system errors or breakdowns, troubleshooting or testing the system, or for other operational purposes. 13. The XXXXX shall report to ETA, in writing, regarding any circumstances adversely affecting the XXXXX’x ability to meet its responsibilities or obligations under the terms of this Agreement.

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. Beyond the use of the DDBI for the processing of Requests, the SSNs contained in the DDBI shall be available for the use of an agency charged with administration of a state’s unemployment insurance program to identify other states having data needed for: unemployment insurance claims administration, fraud detection, and benefit overpayment collection through the ICON system. The confidentiality requirements under this Agreement shall apply to any Wage Data a party to this Agreement obtained under the prior Consolidated WRIS Data Sharing Agreement to the extent such Data are currently retained by the party. All parties to this Agreement agreement recognize that confidentiality of wage data Wage Data is of paramount importance and must be observed except where disclosure is allowed by this Agreement or by court order. All data exchange activity by the SUIA and/or the XXXXX conducted through WRIS2 the WRIS will be conducted in a manner consistent with applicable state law. All such activity conducted by ETA and/or its contractor/s will be performed in a manner consistent with the FERPA (20 U.S.C. § 1232g; 34 CFR Part 99) and other applicable state and Federal lawsPrivacy Act of 1974. The parties agree to take all necessary steps to protect such confidentiality by complying with the following provisions that are applicable to their particular entity, which are consistent with 20 CFR Part 603, in governing their handling of confidential information: A. SUIA 1. No employee of the SUIA receiving a Query may duplicate or disseminate the wage data Wage Data contained in the query Query except to other employees specifically authorized to receive such data. No employee of the SUIA receiving a Query may duplicate or disseminate the wage data Wage Data contained in such Query to anyone outside the SUIA. 2. The SUIA that receives a Query shall not extract information from the Query except for the purpose of responding to the Query by transmitting wage data Wage Data in the form of a reply Reply for the purposes set forth in Section VII.C of this Agreement. 3. The SUIA shall retain the query Query only for the period of time required to respond with a replyReply. Magnetic tape files shall be degaussed. Electronic data shall be permanently deleted. 4. The SUIA shall not create a separate file or system containing the SSNs of individuals about whom the SUIA received a query Query for wage dataWage Data. 5. Replies transmitted from the SUIA to the WRIS2 WRIS Clearinghouse shall be stored in an area that is physically safe from access by unauthorized persons at all times. 6. The queries Queries obtained through WRIS2 the WRIS shall be processed in a manner that will protect the confidentiality of the records records, and is designed to prevent in such a way that unauthorized persons from retrieving cannot retrieve such records by means of computer, remote terminal, or any other means. Queries may be downloaded to, or maintained on, mobile or portable devices only if the queries are encrypted with a very strong password that, at minimum, meets the standards established by the National Institute of Standards and Technology. Queries may be accessed only from a secure location. 7. The SUIA shall permit ETA and/or the representatives of any participating state to make on-site inspections during regular business hours or other investigations to assure that the confidentiality safeguards described above are being maintained by the SUIA and its employees. In accordance with this responsibility, the SUIA shall make records subject to this Agreement available for inspection, review, review and/or audit by authorized persons. 8. The SUIA shall respond to the Operations Contractor for the purpose of correcting system errors or breakdowns, troubleshooting or testing the system, or for other operational purposes. 9. The SUIA shall report to ETA, in writing, regarding any circumstances adversely affecting its ability to meet the responsibilities or obligations set forth in this Agreement. 10. The SUIA will shall ensure that payment of the costs associated with any disclosure of disclosing confidential unemployment compensation information for purposes under WRIS2, if not more than an incidental amount of staff time and no more than nominal processing costs are involved in making benefiting or providing any reciprocal benefit to the disclosure, state's unemployment compensation program will be covered from a source other than the state's unemployment compensation grant. X. XXXXX 1. No employee of the XXXXX may duplicate or disseminate wage data Wage Data received from a SUIA, subject to the following exceptions: a) To other employees of the XXXXX specifically authorized to receive such data; or b) To the Operations Contractor for the purpose of performing duties imposed upon them pursuant to the terms of this Agreement; or c) To auditors who are public employees seeking access to the information in the performance of their official duties; or d) In the form of reports to DOL the Secretary of Labor containing individual records, provided that such individual records are not accompanied by SSNs or names that would identify the individuals. Unless covered by one of the aforementioned exceptions, under no circumstance shall wage data Wage Data obtained through WRIS2 the WRIS in accordance with this Agreement be shared with any party outside the XXXXX except in the form of aggregate statistical reportsAggregate Statistical Reports. 2. The XXXXX shall not create a separate file or system concerning the individual(s) for whom the SUIA provides wage dataWage Data. 3. The XXXXX shall not extract information from wage data Wage Data provided by a SUIA for any purpose not stated in this agreementAgreement. 4. The XXXXX shall retain the wage data Wage Data received from the SUIA only for the period of time required to utilize it for assessment and reporting purposes, or to satisfy applicable federal records retention requirements. Thereafter, the wage data Wage Data shall be destroyed, including the degaussing of magnetic tape files and permanent deletion of electronic data. 5. The XXXXX shall ensure that any information used to create WRIS2 requests Requests has been obtained and is being transmitted in conformity with FERPA and state laws governing the confidentiality of information in the possession of educational institutions. 6. Access to wage data Wage Data and to any records created from wage data Wage Data exchanged through the WRIS2 WRIS shall be restricted to only those employees of the XXXXX who need it in their official capacity to perform duties connected with implementation of this agreementAgreement. 7. XXXXX personnel who will have access to wage data Wage Data shall be advised of the confidential nature of the information, the safeguards required to protect the information, and the civil and criminal sanctions for noncompliance with such safeguards that are contained in Federal federal and state laws. Prior to being able to have access to wage data through the WRIS2 ClearinghouseWage Data, such XXXXX personnel shall execute a standard document form acknowledging their understanding of the confidential nature of the wage data Wage Data and the safeguards with which they must comply in their handling of such data as well as the fact that they may be liable to civil and criminal sanctions for improper disclosure of wage WRIS data. 8. Wage data Data obtained through WRIS2 the WRIS shall be stored in an area that is physically safe from access by unauthorized persons at all times. 9. The wage data Wage Data obtained through the WRIS2 WRIS Clearinghouse shall be processed in a manner that will so as to protect the confidentiality of the records data, and is designed to prevent in such a way that unauthorized persons from retrieving cannot retrieve such records by means of computer, remote terminal, or any other means. Wage data may be downloaded to, or maintained on, mobile or portable devices only if the wage data are encrypted with a very strong password that, at minimum, meets the standards established by the National Institute of Standards and Technology. In addition, wage data may only be accessed from secure locations. 10. Wage data Data obtained by the XXXXX through a request Request shall not be disclosed to third parties except as permitted under the terms of this Agreement. 11. The XXXXX shall permit ETA and/or the representatives of any participating state to make onsite inspections during regular business hours for the purpose of conducting program audits and/or to conduct other investigations to assure that the XXXXX is complying with the confidentiality requirements described above. In accordance with this responsibility, the XXXXX shall make records applicable to this Agreement available to authorized persons for the purpose of inspection, review, and/or audit. 12. The XXXXX shall respond to the Operations Contractor for the purpose of correcting system errors or breakdowns, troubleshooting or testing the system, or for other operational purposes. 13. The XXXXX shall report to ETA, in writing, regarding any circumstances adversely affecting the XXXXX’x ability to meet its responsibilities or obligations under the terms of this Agreement.

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. Beyond the use of the DDBI for the processing of Requests, the SSNs contained in the DDBI shall be available for the use of an agency charged with administration of a state’s unemployment insurance program to identify other states having data needed for: unemployment insurance claims administration, fraud detection, and benefit overpayment collection through the ICON system. The confidentiality requirements under this Agreement shall apply to any Wage Data a party to this Agreement obtained under the prior Consolidated WRIS Data Sharing Agreement to the extent such Data are currently retained by the party. All parties to this Agreement agreement recognize that confidentiality of wage data Wage Data is of paramount importance and must be observed except where disclosure is allowed by this Agreement or by court order. All data exchange activity by the SUIA and/or the XXXXX conducted through WRIS2 the WRIS will be conducted in a manner consistent with applicable state law. All such activity conducted by ETA and/or its contractor/s will be performed in a manner consistent with the FERPA (20 U.S.C. § 1232g; 34 CFR Part 99) and other applicable state and Federal lawsPrivacy Act of 1974. The parties agree to take all necessary steps to protect such confidentiality by complying with the following provisions that are applicable to their particular entity, which are consistent with 20 CFR Part 603, in governing their handling of confidential information: A. SUIA 1. No employee of the SUIA receiving a Query may duplicate or disseminate the wage data Wage Data contained in the query Query except to other employees specifically authorized to receive such data. No employee of the SUIA receiving a Query may duplicate or disseminate the wage data Wage Data contained in such Query to anyone outside the SUIA. 2. The SUIA that receives a Query shall not extract information from the Query except for the purpose of responding to the Query by transmitting wage data Wage Data in the form of a reply Reply for the purposes set forth in Section VII.C VI .C. of this Agreement. 3. The SUIA shall retain the query Query only for the period of time required to respond with a replyReply. Magnetic tape files shall be degaussed. Electronic data shall be permanently deleted. 4. The SUIA shall not create a separate file or system containing the SSNs of individuals about whom the SUIA received a query Query for wage dataWage Data. 5. Replies transmitted from the SUIA to the WRIS2 WRIS Clearinghouse shall be stored in an area that is physically safe from access by unauthorized persons at all times. 6. The queries Queries obtained through WRIS2 the WRIS shall be processed in a manner that will protect the confidentiality of the records records, and is designed to prevent in such a way that unauthorized persons from retrieving cannot retrieve such records by means of computer, remote terminal, or any other means. Queries may be downloaded to, or maintained on, mobile or portable devices only if the queries are encrypted with a very strong password that, at minimum, meets the standards established by the National Institute of Standards and Technology. Queries may be accessed only from a secure location. 7. The SUIA shall permit ETA and/or the representatives of any participating state to make on-site inspections during regular business hours or other investigations to assure that the confidentiality safeguards described above are being maintained by the SUIA and its employees. In accordance with this responsibility, the SUIA shall make records subject to this Agreement available for inspection, review, review and/or audit by authorized persons. 8. The SUIA shall respond to the Operations Contractor for the purpose of correcting system errors or breakdowns, troubleshooting or testing the system, or for other operational purposes. 9. The SUIA shall report to ETA, in writing, regarding any circumstances adversely affecting its ability to meet the responsibilities or obligations set forth in this Agreement. 10. The SUIA will shall ensure that payment of the costs associated with any disclosure of disclosing confidential unemployment compensation information for purposes under WRIS2, if not more than an incidental amount of staff time and no more than nominal processing costs are involved in making benefiting or providing any reciprocal benefit to the disclosure, state's unemployment compensation program will be covered from a source other than the state's unemployment compensation grant. X. XXXXX 1. No employee of the XXXXX may duplicate or disseminate wage data Wage Data received from a SUIA, subject to the following exceptions: a) To other employees of the XXXXX specifically authorized to receive such data; or b) To the Operations Contractor for the purpose of performing duties imposed upon them pursuant to the terms of this Agreement; or c) To auditors who are public employees seeking access to the information in the performance of their official duties; or d) In the form of reports to DOL the Secretary of Labor containing individual records, provided that such individual records are not accompanied by SSNs or names that would identify the individuals. Unless covered by one of the aforementioned exceptions, under no circumstance shall wage data Wage Data obtained through WRIS2 the WRIS in accordance with this Agreement be shared with any party outside the XXXXX except in the form of aggregate statistical reportsAggregate Statistical Reports. 2. The XXXXX shall not create a separate file or system concerning the individual(s) for whom the SUIA provides wage dataWage Data. 3. The XXXXX shall not extract information from wage data Wage Data provided by a SUIA for any purpose not stated in this agreementAgreement. 4. The XXXXX shall retain the wage data Wage Data received from the SUIA only for the period of time required to utilize it for assessment and reporting purposes, or to satisfy applicable federal records retention requirements. Thereafter, the wage data Wage Data shall be destroyed, including the degaussing of magnetic tape files and permanent deletion of electronic data. 5. The XXXXX shall ensure that any information used to create WRIS2 requests Requests has been obtained and is being transmitted in conformity with FERPA and state laws governing the confidentiality of information in the possession of educational institutions. 6. Access to wage data Wage Data and to any records created from wage data Wage Data exchanged through the WRIS2 WRIS shall be restricted to only those employees of the XXXXX who need it in their official capacity to perform duties connected with implementation of this agreementAgreement. 7. XXXXX personnel who will have access to wage data Wage Data shall be advised of the confidential nature of the information, the safeguards required to protect the information, and the civil and criminal sanctions for noncompliance with such safeguards that are contained in Federal federal and state laws. Prior to being able to have access to wage data through the WRIS2 ClearinghouseWage Data, such XXXXX personnel shall execute a standard document form acknowledging their understanding of the confidential nature of the wage data Wage Data and the safeguards with which they must comply in their handling of such data as well as the fact that they may be liable to civil and criminal sanctions for improper disclosure of wage WRIS data. 8. Wage data Data obtained through WRIS2 the WRIS shall be stored in an area that is physically safe from access by unauthorized persons at all times. 9. The wage data Wage Data obtained through the WRIS2 WRIS Clearinghouse shall be processed in a manner that will so as to protect the confidentiality of the records data, and is designed to prevent in such a way that unauthorized persons from retrieving cannot retrieve such records by means of computer, remote terminal, or any other means. Wage data may be downloaded to, or maintained on, mobile or portable devices only if the wage data are encrypted with a very strong password that, at minimum, meets the standards established by the National Institute of Standards and Technology. In addition, wage data may only be accessed from secure locations. 10. Wage data Data obtained by the XXXXX through a request Request shall not be disclosed to third parties except as permitted under the terms of this Agreement. 11. The XXXXX shall permit ETA and/or the representatives of any participating state to make onsite inspections during regular business hours for the purpose of conducting program audits and/or to conduct other investigations to assure that the XXXXX is complying with the confidentiality requirements described above. In accordance with this responsibility, the XXXXX shall make records applicable to this Agreement available to authorized persons for the purpose of inspection, review, and/or audit. 12. The XXXXX shall respond to the Operations Contractor for the purpose of correcting system errors or breakdowns, troubleshooting or testing the system, or for other operational purposes. 13. The XXXXX shall report to ETA, in writing, regarding any circumstances adversely affecting the XXXXX’x ability to meet its responsibilities or obligations under the terms of this Agreement.

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. Beyond the use of the DDBI for the processing of Requests, the SSNs contained in the DDBI shall be available for the use of an agency charged with administration of a state’s unemployment insurance program to identify other states having data needed for: unemployment insurance claims administration, fraud detection, and benefit overpayment collection through the ICON system. The confidentiality requirements under this Agreement shall apply to any Wage Data a party to this Agreement obtained under the prior Consolidated WRIS Data Sharing Agreement to the extent such Data are currently retained by the party. All parties to this Agreement agreement recognize that confidentiality of wage data Wage Data is of paramount importance and must be observed except where disclosure is allowed by this Agreement or by court order. All data exchange activity by the SUIA and/or the XXXXX conducted through WRIS2 the WRIS will be conducted in a manner consistent with applicable state law. All such activity conducted by ETA and/or its contractor/s will be performed in a manner consistent with the FERPA (20 U.S.C. § 1232g; 34 CFR Part 99) and other applicable state and Federal lawsPrivacy Act of 1974. The parties agree to take all necessary steps to protect such confidentiality by complying with the following provisions that are applicable to their particular entity, which are consistent with 20 CFR Part 603, in governing their handling of confidential information: A. SUIA 1. No employee of the SUIA receiving a Query may duplicate or disseminate the wage data Wage Data contained in the query Query except to other employees specifically authorized to receive such data. No employee of the SUIA receiving a Query may duplicate or disseminate the wage data Wage Data contained in such Query to anyone outside the SUIA. 2. The SUIA that receives a Query shall not extract information from the Query except for the purpose of responding to the Query by transmitting wage data Wage Data in the form of a reply Reply for the purposes set forth in Section VII.C of this Agreement. 3. The SUIA shall retain the query Query only for the period of time required to respond with a replyReply. Magnetic tape files shall be degaussed. Electronic data shall be permanently deleted. 4. The SUIA shall not create a separate file or system containing the SSNs of individuals about whom the SUIA received a query Query for wage dataWage Data. 5. Replies transmitted from the SUIA to the WRIS2 WRIS Clearinghouse shall be stored in an area that is physically safe from access by unauthorized persons at all times. 6. The queries Queries obtained through WRIS2 the WRIS shall be processed in a manner that will protect the confidentiality of the records and is designed to prevent unauthorized persons from retrieving such records by computer, remote terminal, or any other means. Queries may be downloaded to, or maintained on, mobile or portable devices only if the queries are encrypted with a very strong password that, at minimum, meets the standards established by the National Institute of Standards and TechnologyTechnology (NIST). Queries may be accessed only from a secure location. 7. The SUIA shall permit ETA and/or the representatives of any participating state to make on-site inspections during regular business hours or other investigations to assure that the confidentiality safeguards described above are being maintained by the SUIA and its employees. In accordance with this responsibility, the SUIA shall make records subject to this Agreement available for inspection, review, review and/or audit by authorized persons. 8. The SUIA shall respond to the Operations Contractor for the purpose of correcting system errors or breakdowns, troubleshooting or testing the system, or for other operational purposes. 9. The SUIA shall report to ETA, in writing, regarding any circumstances adversely affecting its ability to meet the responsibilities or obligations set forth in this Agreement. 10. The SUIA will shall ensure that payment of the costs associated with any disclosure of disclosing confidential unemployment compensation information for purposes under WRIS2, if not more than an incidental amount of staff time and no more than nominal processing costs are involved in making benefiting or providing any reciprocal benefit to the disclosure, state's unemployment compensation program will be covered from a source other than the state's unemployment compensation grant. X. XXXXX 1. No employee of the XXXXX may duplicate or disseminate wage data Wage Data received from a SUIA, subject to the following exceptions: a) To other employees of the XXXXX specifically authorized to receive such data; or b) To the Operations Contractor for the purpose of performing duties imposed upon them pursuant to the terms of this Agreement; or c) To auditors who are public employees seeking access to the information in the performance of their official duties; or d) In the form of reports to DOL the Secretary of Labor containing individual records, provided that such individual records are not accompanied by SSNs or names that would identify the individuals. Unless covered by one of the aforementioned exceptions, under no circumstance shall wage data Wage Data obtained through WRIS2 the WRIS in accordance with this Agreement be shared with any party outside the XXXXX except in the form of aggregate statistical reportsAggregate Statistical Reports. 2. The XXXXX shall not create a separate file or system concerning the individual(s) for whom the SUIA provides wage dataWage Data. 3. The XXXXX shall not extract information from wage data Wage Data provided by a SUIA for any purpose not stated in this agreementAgreement. 4. The XXXXX shall retain the wage data Wage Data received from the SUIA only for the period of time required to utilize it for assessment and reporting purposes, or to satisfy applicable federal records retention requirements. Thereafter, the wage data Wage Data shall be destroyed, including the degaussing of magnetic tape files and permanent deletion of electronic data. 5. The XXXXX shall ensure that any information used to create WRIS2 requests Requests has been obtained and is being transmitted in conformity with FERPA and state laws governing the confidentiality of information in the possession of educational institutions. 6. Access to wage data Wage Data and to any records created from wage data Wage Data exchanged through the WRIS2 WRIS shall be restricted to only those employees of the XXXXX who need it in their official capacity to perform duties connected with implementation of this agreementAgreement. 7. XXXXX personnel who will have access to wage data Wage Data shall be advised of the confidential nature of the information, the safeguards required to protect the information, and the civil and criminal sanctions for noncompliance with such safeguards that are contained in Federal federal and state laws. Prior to being able to have access to wage data through the WRIS2 ClearinghouseWage Data, such XXXXX personnel shall execute a standard document form acknowledging their understanding of the confidential nature of the wage data Wage Data and the safeguards with which they must comply in their handling of such data as well as the fact that they may be liable to civil and criminal sanctions for improper disclosure of wage WRIS data. 8. Wage data Data obtained through WRIS2 the WRIS shall be stored in an area that is physically safe from access by unauthorized persons at all times. 9. The wage data Wage Data obtained through the WRIS2 WRIS Clearinghouse shall be processed in a manner that will protect the confidentiality of the records and is designed to prevent unauthorized persons from retrieving such records by computer, remote terminal, or any other means. Wage data Data may be downloaded to, or maintained on, mobile or portable devices only if the wage data Wage Data are encrypted with a very strong password that, at minimum, meets the standards established by the National Institute of Standards and TechnologyTechnology (NIST). In addition, wage data Wage Data may only be accessed from secure locations. 10. Wage data Data obtained by the XXXXX through a request Request shall not be disclosed to third parties except as permitted under the terms of this Agreement. 11. The XXXXX shall permit ETA and/or the representatives of any participating state to make onsite inspections during regular business hours for the purpose of conducting program audits and/or to conduct other investigations to assure that the XXXXX is complying with the confidentiality requirements described above. In accordance with this responsibility, the XXXXX shall make records applicable to this Agreement available to authorized persons for the purpose of inspection, review, and/or audit. 12. The XXXXX shall respond to the Operations Contractor for the purpose of correcting system errors or breakdowns, troubleshooting or testing the system, or for other operational purposes. 13. The XXXXX shall report to ETA, in writing, regarding any circumstances adversely affecting the XXXXX’x ability to meet its responsibilities or obligations under the terms of this Agreement.

CONFIDENTIALITY; RESTRICTIONS ON USE OF INFORMATION. Beyond the use of the DDBI for the processing of Requests, the SSNs contained in the DDBI shall be available for the use of an agency charged with administration of a State’s unemployment insurance program to identify other States having data needed for: unemployment insurance claims administration, fraud detection, and benefit overpayment collection through the ICON system. All parties to this Agreement recognize that confidentiality of wage data Wage Data, PII from education records, and personal information contained in VR records, is of paramount importance and must be observed except where disclosure is allowed by this Agreement or required by court orderlaw. All data exchange activity by the SUIA and/or and the XXXXX conducted through WRIS2 the SWIS will be conducted in a manner consistent with applicable state lawFederal and State laws. All such activity conducted by ETA and/or ETA, OCTAE, and OSERS/RSA and its contractor/s will be performed in a manner consistent with the Privacy Act of 1974, as amended (5 USC 552a), FERPA (20 U.S.C. § USC 1232g; g and 34 CFR Part 99) ), and other applicable state the confidentiality requirements set forth in 34 CFR 361.38 and Federal laws20 CFR Part 603, as applicable. The parties agree to take all necessary steps to protect such confidentiality by complying or providing the necessary technical assistance to States to comply with the following provisions that are applicable to their particular entity, which are consistent with 20 CFR Part 603, 20 USC 1232g and 34 CFR Part 99, and 34 CFR 361.38 in governing their handling of confidential information: A. SUIA 1. No employee of the SUIA receiving a Query may duplicate or disseminate the wage data Wage Data, PII from education records, or Personal information from VR records contained in the query Query except to other employees of the SUIA specifically authorized to receive such data. No employee of the SUIA receiving a Query may duplicate or disseminate the wage data Wage Data, PII from education records, or Personal Information from VR records contained in such Query to anyone outside the SUIA. 2. The SUIA that receives a Query shall not extract only use information from the Query except for the purpose of responding to the Query by transmitting wage data Wage Data in the form of a reply Reply for the purposes set forth in Section VII.C VIII.C of this Agreement. 3. The SUIA shall retain the query Query only for the period of time required to respond with a replyReply, not to extend beyond ten (10) calendar days. Magnetic tape files shall be degaussed. Electronic data shall be permanently deleted. 4. The SUIA shall not create a separate file or system containing the SSNs of individuals about whom the SUIA received a query Query for wage dataWage Data. 5. Replies transmitted from the SUIA to the WRIS2 SWIS Clearinghouse shall be stored in an area that is physically and/or electronically safe from access by unauthorized persons at all times. 6. The queries Queries obtained through WRIS2 the SWIS shall be processed in a manner that will protect the confidentiality of the records and is designed to prevent unauthorized persons from retrieving such records by computer, remote terminal, or any other means. Queries may be downloaded to, or maintained on, mobile or portable devices only if the queries are encrypted with a very strong password that, at minimum, meets the standards established by the National Institute of Standards and TechnologyTechnology (NIST). Queries may be accessed only from a secure location. 7. SUIA personnel who will have access to PII from education records, and Personal Information from VR records shall be advised of the confidential nature of the information, the safeguards required to protect the information, and the civil and criminal sanctions for noncompliance with such safeguards that are contained in Federal and State laws. Prior to being able to have access to PII from education records, or Personal Information from VR records, such SUIA personnel shall execute a form acknowledging their understanding of the confidential nature of the PII from education records, and the Personal Information from VR records, and the safeguards with which they must comply in their handling of such data, as well as the fact that they may be liable to civil and criminal sanctions for improper disclosure of SWIS data. To comply with FERPA’s record keeping requirements at 34 CFR 99.32, the SUIA must keep a record of any other entity to which PII from education records is disclosed under the terms of this Agreement or as required by law and their legitimate interests in obtaining this PII from education records. This includes, but is not limited to, any disclosure of PII from education records to the ICON Grantee or its Operations Contractor for the purposes of performing duties imposed on the ICON Grantee or its Operations Contractor pursuant to terms of this Agreement, and any SUIA or XXXXX that receives PII from education records pursuant to this Agreement, or any representative of the Secretary of Labor or the Secretary of Education to carry out their duties under the terms of this Agreement. 8. The SUIA shall permit ETA and/or the representatives at least one Federal Confidentiality Compliance Review by ETA, OCTAE, and OSERS/RSA (or any of these agencies’ contractors) annually, in addition to any representative of any participating state State (SUIA) to make on-site inspections during regular business hours or other investigations to assure that the confidentiality safeguards described above are being maintained by the SUIA and its employees. In accordance with this responsibility, the SUIA shall make records subject to this Agreement available for inspection, review, review and/or audit by authorized persons. 89. The SUIA shall respond to the ICON Grantee or its Operations Contractor for the purpose of correcting system errors or breakdowns, troubleshooting or testing the system, or for other operational purposes. 910. The SUIA shall report to ETA, in writing, regarding any circumstances adversely affecting its ability to meet the responsibilities or obligations set forth in this Agreement. 1011. The SUIA will shall ensure that payment of the costs associated with any disclosure of disclosing confidential unemployment compensation UC information for purposes under WRIS2, if not more than an incidental amount of staff time and no more than nominal processing costs are involved in making benefiting or providing any reciprocal benefit to the disclosure, State’s UC program will be covered paid for from a source other than the stateState's unemployment compensation UC grant. X. XXXXX 1. No employee of the XXXXX may duplicate or disseminate wage data received from a SUIA, subject to the following exceptions: a) To other employees of the XXXXX specifically authorized to receive such data; or b) To the Operations Contractor for the purpose of performing duties imposed upon them pursuant to the terms of this Agreement; or c) To auditors who are public employees seeking access to the information in the performance of their official duties; or d) In the form of reports to DOL containing individual records, provided that such individual records are not accompanied by SSNs or names that would identify the individuals. Unless covered by one of the aforementioned exceptions, under no circumstance shall wage data obtained through WRIS2 in accordance with this Agreement be shared with any party outside the XXXXX except in the form of aggregate statistical reports. 2. The XXXXX shall not create a separate file or system concerning the individual(s) for whom the SUIA provides wage data. 3. The XXXXX shall not extract information from wage data provided by a SUIA for any purpose not stated in this agreement. 4. The XXXXX shall retain the wage data received from the SUIA only for the period of time required to utilize it for assessment and reporting purposes, or to satisfy applicable federal records retention requirements. Thereafter, the wage data shall be destroyed, including the degaussing of magnetic tape files and permanent deletion of electronic data. 5. The XXXXX shall ensure that any information used to create WRIS2 requests has been obtained and is being transmitted in conformity with FERPA and state laws governing the confidentiality of information in the possession of educational institutions. 6. Access to wage data and to any records created from wage data exchanged through the WRIS2 shall be restricted to only those employees of the XXXXX who need it in their official capacity to perform duties connected with implementation of this agreement. 7. XXXXX personnel who will have access to wage data shall be advised of the confidential nature of the information, the safeguards required to protect the information, and the civil and criminal sanctions for noncompliance with such safeguards that are contained in Federal and state laws. Prior to being able to have access to wage data through the WRIS2 Clearinghouse, such XXXXX personnel shall execute a standard document acknowledging their understanding of the confidential nature of the wage data and the safeguards with which they must comply in their handling of such data as well as the fact that they may be liable to civil and criminal sanctions for improper disclosure of wage data. 8. Wage data obtained through WRIS2 shall be stored in an area that is physically safe from access by unauthorized persons at all times. 9. The wage data obtained through the WRIS2 Clearinghouse shall be processed in a manner that will protect the confidentiality of the records and is designed to prevent unauthorized persons from retrieving such records by computer, remote terminal, or any other means. Wage data may be downloaded to, or maintained on, mobile or portable devices only if the wage data are encrypted with a very strong password that, at minimum, meets the standards established by the National Institute of Standards and Technology. In addition, wage data may only be accessed from secure locations. 10. Wage data obtained by the XXXXX through a request shall not be disclosed to third parties except as permitted under the terms of this Agreement. 11. The XXXXX shall permit ETA and/or the representatives of any participating state to make onsite inspections during regular business hours for the purpose of conducting program audits and/or to conduct other investigations to assure that the XXXXX is complying with the confidentiality requirements described above. In accordance with this responsibility, the XXXXX shall make records applicable to this Agreement available to authorized persons for the purpose of inspection, review, and/or audit. 12. The XXXXX shall respond to the Operations Contractor for the purpose of correcting system errors or breakdowns, troubleshooting or testing the system, or for other operational purposes. 13. The XXXXX SUIA shall report to ETAETA at the soonest available time, in writingbut no later than 24 hours, regarding of any circumstances adversely affecting identified breach to the XXXXX’x ability to meet its responsibilities or obligations under the terms of data governed by this Agreement.