Common use of Data Return and Destruction - Regulated Data Clause in Contracts

Data Return and Destruction - Regulated Data. New York State considers the protection of sensitive and NYS Confidential Information and business systems to be of the upmost importance. The NYS Confidential Information collected and maintained by state and local government agencies is protected by a myriad of Federal, State, and local laws, regulations, and ordinances. Access to and use of NYS Confidential Information is limited to authorized government employees and legally designated agents, for authorized purposes only. The "PRIMARY SECURITY AND PRIVACY MANDATES" appendix to this Contract reflects several significant federal and state laws, rules and regulations, policies, standards and guidelines that providers doing business with the State must be aware of and comply with if applicable to the services being provided. Links to further guidance are included in that appendix. The list is intentionally US-centric, and is not intended to be all- inclusive. Further, since laws, regulations, requirements and industry guidelines change, consulting definitive sources to assure a clear understanding of compliance requirements is critical. Many NYS agencies may have additional program compliance requirements that must be considered in addressing compliance. (e.g.., DMV Privacy Act, Public Service Law, etc.). To the extent that Contractor, its employees, agents or Subcontractors have access to federal, State or local government regulated data pursuant to their responsibilities under the Contract, Contractor agrees that it will abide by the requirements of those federal, State and local laws and regulations, and will require in writing its employees, agents or Subcontractors to similarly abide by any such requirements including the execution of any documents or agreements required to be executed, certifying their compliance with same. Contractor must, in accordance with applicable law and the instructions of the State, maintain such regulated data for the time period required by applicable law, exercise due care for the protection of data, and maintain appropriate data integrity safeguards against the deletion or alteration of such data. In the event that any regulated data is lost or destroyed because of any act or omission of the Contractor or any non-compliance with the obligations of this Contract, then Contractor shall, at its own expense, use its best efforts in accordance with industry standards to reconstruct such data as soon as feasible. In such event, Contractor shall reimburse the State for any costs incurred by the State in correcting, recreating, restoring or reprocessing such data or in providing assistance therewith. In the event that it becomes necessary for Contractor to receive NYS Confidential Information which Federal, State, or local statute, regulation, or ordinance prohibits from disclosure, Contractor hereby agrees to return or destroy all such NYS Confidential Information that has been received from the State when the purpose that necessitated its receipt by Contractor has been completed. In addition, Contractor agrees, after termination of the Contract, not to retain any NYS Confidential Information which Federal, State, or local statute, regulation, or ordinance prohibits from disclosure Notwithstanding the foregoing, if the return or destruction of the NYS Confidential Information is not feasible, Contractor agrees to extend the protections of the Contract for as long as necessary to protect the NYS Confidential Information and to limit any further use or disclosure of that NYS Confidential Information. If Contractor elects to destroy NYS Confidential Information, it shall use reasonable efforts to achieve the same and notify the State accordingly. Contractor agrees that it will use all appropriate safeguards to prevent any unauthorized use or unauthorized disclosure of NYS Confidential Information which Federal, State, or local statute, regulation, or ordinance prohibits from disclosure. Contractor agrees that it shall immediately report to ITS the discovery of any unauthorized use or unauthorized disclosure of such NYS Confidential Information. Contractor shall also report the discovery of any unauthorized use or unauthorized disclosure of such NYS Confidential Information of any New York State agency information directly to that New York State agency.

Data Return and Destruction - Regulated Data. New York State considers the protection of sensitive data and NYS Confidential Information and business systems to be of the upmost importance. The NYS Confidential Information collected and maintained by state State and local government agencies is protected by a myriad of FederalLocal, State, and local Federal laws, rules, regulations, ordinances, policies, standards, and ordinancesguidelines. Access to and use of NYS Confidential Information is limited to authorized government employees and legally designated agents, for authorized purposes only. The "PRIMARY SECURITY AND PRIVACY MANDATES" appendix to this the solicitation and Contract reflects several significant federal Federal and state State laws, rules and rules, regulations, policies, standards standards, and guidelines that providers doing business with the State must be aware of and comply with if applicable to the services being provided. Links to further guidance are included in that appendix. The list is intentionally US-centric, and is not intended to be all- inclusive. Further, since Local, State, and Federal laws, rules, regulations, requirements ordinances, policies, standards, and guidelines and industry guidelines change, consulting definitive sources to assure ensure a clear understanding of compliance requirements is critical. Many NYS agencies may have additional program compliance requirements that must be considered in addressing compliance. (e.g.., DMV Privacy Act, Public Service Law, etc.). To the extent that Contractor, its employees, agents or Subcontractors have Contractor has access to federalLocal, State State, or local Federal government regulated data pursuant to their responsibilities under the Contract, Contractor agrees that it will abide by the requirements of those federalFederal, State State, and local laws Local laws, rules, regulations, ordinances, policies, standards, and regulationsguidelines, and will require in writing its agents, employees, agents officers, partners, or Subcontractors subcontractors to similarly abide by any such requirements including the execution of any documents or agreements required to be executed, certifying their compliance with same. Contractor must, in accordance with applicable law and the instructions of the State, : maintain such regulated data for the time period required by applicable law, rule, regulation, ordinance, policy, standard, or guideline; exercise due care for the protection of data, ; and maintain appropriate data integrity safeguards against the deletion or alteration of such data. In the event that any regulated data is lost or destroyed because of any act or omission of the Contractor or any non-compliance with the obligations of this the Contract, then Contractor shall, at its own expense, use its best efforts in accordance with industry standards to reconstruct such data as soon as feasible. In such event, Contractor shall reimburse the State for any costs incurred by the State in correcting, recreating, restoring restoring, or reprocessing such data or in providing assistance therewith. In the event that it becomes necessary for Contractor to receive NYS Confidential Information which FederalLocal, State, or local statuteFederal laws, regulationrules, or ordinance prohibits regulations, ordinances, policies, standards, and guidelines prohibit from disclosure, Contractor hereby agrees to return or destroy destroy, adhering to the standards outlined in the above section, all such NYS Confidential Information that has been received from the State when the purpose that necessitated its receipt by Contractor has been completed. In addition, Contractor agrees, after termination of the Contract, not to retain any NYS Confidential Information which FederalLocal, State, or local statuteand Federal laws, regulationrules, or ordinance prohibits regulations, ordinances, policies, standards, and guidelines prohibit from disclosure Notwithstanding the foregoing, if the return or destruction of the regulated data or NYS Confidential Information is not feasible, Contractor agrees to extend the protections of the Contract for as long as necessary to protect the regulated data or NYS Confidential Information and to limit any further use or disclosure of that regulated data, or NYS Confidential Information. If Contractor elects to destroy the regulated data or NYS Confidential Information, it shall use reasonable efforts to achieve the same and notify the State accordingly. Contractor agrees that it will use all appropriate safeguards to prevent any unauthorized use or unauthorized disclosure of NYS Confidential Information which FederalLocal, State, or local statuteand Federal laws, regulationrules, or ordinance prohibits regulations, ordinances, policies, standards, and guidelines prohibit from disclosure. Contractor agrees that it shall immediately report to ITS the discovery of any unauthorized use or unauthorized disclosure of such NYS Confidential Information. Contractor shall also report the discovery of any unauthorized use or unauthorized disclosure of such NYS Confidential Information of any New York State agency information directly to that New York State agency.