Common use of ETA Clause in Contracts

ETA. 1. Access by ETA to wage data shall be limited to the access necessary for ETA to carry out its responsibility for overall administration and management of WRIS2. 2. Any reports produced as a result of Confidentiality Compliance Reviews conducted by an outside party under a contract with ETA in accordance with Section VI.C.2 shall not contain any references to personally identifiable information obtained from WRIS2. 3. ETA may not extract information from wage data for any purpose not stated in this Agreement. 4. ETA will not create a separate file or system concerning the individuals for whom it may have access to wage data. 5. Access to wage data exchanged through the WRIS2 shall be restricted to only those employees and/or agents of ETA who need it to perform their official duties in connection with this Agreement. 6. ETA employees and/or agents of ETA who will have access to wage data will 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. Such employees and/or agents of ETA shall execute written confidentiality agreements acknowledging their understanding of these requirements and their duty to comply with them. 7. Wage data obtained through WRIS2 shall be stored by ETA in an area that is physically safe from access by unauthorized persons at all times. 8. The wage data obtained by ETA 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. 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. 9. ETA shall protect wage data from disclosure to third parties to the fullest extent allowable by law. ETA does not have access to wage data through the routine operation of WRIS2. Therefore, a Freedom of Information Act request for wage data would be denied because the data are not in the custody, or under the control, of ETA. ETA’s funding of the operation of the WRIS does not establish ETA’s control of the data. ETA will provide notice to all parties to this Agreement of any required disclosure of wage data to third parties, other than as provided in this Agreement.

Appears in 3 contracts

Samples: Wage Record Interchange System Agreement, Wage Record Interchange System Agreement, Wage Record Interchange System Agreement

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ETA. 1. Access by ETA to wage data Wage Data shall be limited to the access necessary for ETA to carry out its responsibility for overall administration and management of WRIS2the WRIS, unless specifically accessed under the research and evaluation procedures set forth elsewhere in this Agreement. 2. Any reports produced as a result of Confidentiality Compliance Reviews conducted by an outside party under a contract with ETA in accordance with Section VI.C.2 VI.C. 2 shall not contain any references to personally identifiable information obtained from WRIS2the WRIS. 3. ETA may not extract information from wage data Wage Data for any purpose not stated in this Agreement. 4. ETA will not create a separate file or system concerning the individuals for whom it may have access to wage dataWage Data. 5. Access to wage data Wage Data exchanged through the WRIS2 WRIS shall be restricted to only those employees and/or agents of ETA who need it to perform their official duties in connection with this Agreement. 6. ETA employees and/or agents of ETA who will have access to wage data Wage Data will 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. Such employees and/or agents of ETA shall execute written confidentiality agreements acknowledging their understanding of these requirements and their duty to comply with them. 7. Wage data Data obtained through WRIS2 the WRIS shall be stored by ETA in an area that is physically safe from access by unauthorized persons at all times. 8. The wage data Wage Data obtained by ETA 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. 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. 9. ETA shall protect wage data Wage Data from disclosure to third parties to the fullest extent allowable by law. ETA does not have access to wage data Wage Data through the routine operation of WRIS2the WRIS. Therefore, a Freedom of Information Act (FOIA) request for wage data Wage Data would be denied because the data are not in the custody, or under the control, of ETA. ETA’s funding of the operation of the WRIS does not establish ETA’s control of the data. As provided in Section VII, paragraph D, ETA may request Wage Data for research and evaluation purposes, subject to the limitations set forth in Section VII, paragraph C, sub­ paragraph 5. Wage Data obtained by ETA under this provision could be subject to FOIA requests, as such data would be in the physical custody of ETA. In such instances, ETA shall not disclose this Wage Data to third parties, except where required by a court order or by the Freedom of Information Act (FOIA). If disclosure is required through either of these mechanisms, ETA shall redact any personally identifying information (PII) contained in the Wage Data prior to disclosure. ETA will provide notice to all parties to this the Agreement of any required disclosure of wage data Wage Data to third parties, other than as provided in this the Agreement.

Appears in 1 contract

Samples: Wage Record Interchange System Agreement

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