Freedom of Information and Confidentiality Sample Clauses
Freedom of Information and Confidentiality. 8.1 The Parties acknowledge that both are subject to the FOIA and shall comply with their respective obligations under the FOIA, which arise in connection with this Funding Agreement.
8.2 The provisions of part two clause 8 shall not apply to any information which is or becomes public knowledge (other than by breach of this part two clause 8). This includes information published under part two clauses 8 and 10 (Consent to Publication) which;
(a) was in the possession of the receiving party, without restriction as to its disclosure, before the date of receipt from the disclosing party;
(b) must be disclosed pursuant to a statutory, legal or parliamentary obligation placed upon the party making the disclosure, including any requirements for disclosure under the Freedom of Information Act or the Environmental Information Regulations.
8.3 Nothing in this part two clause 8 shall be deemed or construed to prevent THE EFA from disclosing any Confidential Information obtained from THE COLLEGE:
(a) to any other Crown Body, including but not limited to, non- departmental public bodies or quasi Government authorities or agencies; and/or,
(b) to any consultant, COLLEGE, SFC or other person engaged by THE EFA directly in connection with this Funding Agreement, provided that such information is treated as confidential by the receiving consultant, COLLEGE, SFC or any other person.
8.4 In order to ensure that no unauthorised person gains access to any Confidential Information or data obtained and/or processed in the course of the delivery of the Services, THE COLLEGE undertakes to maintain adequate security arrangements that meet the requirements of professional standards and best practice in addition to those set out in part two clauses 11 and 12.
8.5 THE COLLEGE will notify THE EFA as soon as reasonably practicable (and in any event within 24 hours) of its discovery, of any breach of security in relation to Confidential Information and/or Personal Data obtained and/or processed in the course of the delivery of the Services. THE COLLEGE shall use all reasonable endeavours to mitigate the possible adverse impacts of any such breach of security including any intrusion into individuals' privacy. THE COLLEGE will keep a record of such breaches a copy of which shall be provided to THE EFA upon request. THE COLLEGE will use its best endeavours to recover such Confidential Information and/or Personal Data however it may be recorded. THE COLLEGE will co-operate with THE EFA in a...
Freedom of Information and Confidentiality.
26.1 Freedom of Information
26.1.1 The Department and the Provider acknowledge that both the Department and the Provider are subject to legal duties under the FOIA and the EIR, which may require them to disclose on request information relating to this Agreement or otherwise relating to one or both of them.
26.1.2 The Department and the Provider acknowledge and agree that they are both required by Law to consider each and every request made under the FOIA and/or the EIR for information.
26.1.3 The Department and the Provider acknowledge and agree that all decisions made by the other pursuant to a request under the FOIA and/or the EIR are solely a matter for and are at the discretion of the Department or the Provider respectively.
26.1.4 Notwithstanding anything in this Agreement to the contrary (including without limitation any obligations of confidentiality), the Department and the Provider will be entitled to disclose information in whatever form pursuant to a request made under the FOIA and/or the EIR, save that in relation to any information that is Exempt Information the Department and/or the Provider will use reasonable endeavours (but will not be obliged) to consult the other and will not:
(a) confirm or deny that information is held by it; or
(b) disclose information requested to the extent that in the Department or the Provider’s opinion (as relevant) the information is eligible in the circumstances for an exemption and therefore the Department or the Provider may lawfully refrain from disclosing such information.
26.1.5 In relation to information relating to the Department or the Provider or the Agreement which the Department or the Provider requests should be exempt under the FOIA and/or the EIR, the Department or the Provider (as applicable) will indemnify the other for any and all costs (including legal fees) incurred by the other in:
(a) assessing the application of any exemption under the FOIA and/or the EIR; and/or
(b) responding to any FOIA Notice; and/or
(c) lodging any appeal against a decision of the Information Commissioner in relation to disclosure where such costs are incurred pursuant to efforts by the Department or the Provider to withhold Exempt Information.
26.1.6 Neither the Department nor the Provider will be liable for any loss, damage, harm or detriment, howsoever caused, arising from or in connection with the disclosure under the FOIA and/or the EIR of any Exempt Information or other information whether relating to this Ag...
Freedom of Information and Confidentiality. 6.1 The Parties acknowledge that both are subject to the FOIA and shall comply with their respective obligations under the FOIA, which arise in connection with this Agreement.
6.2 The provisions of part one clause 6 shall not apply to any information which is or becomes public knowledge (other than by breach of this part one clause 6). This includes information published under part one clauses 6 and 7 (Consent to Publication) which;
(a) was in the possession of the receiving party, without restriction as to its disclosure, before the date of receipt from the disclosing party;
(b) must be disclosed pursuant to a statutory, legal or parliamentary obligation placed upon the party making the disclosure, including any requirements for disclosure under the Freedom of Information Act or the Environmental Information Regulations.
6.3 Nothing in this part one clause 6 shall be deemed or construed to prevent THE ESFA from disclosing any Confidential Information obtained from THE AUTHORITY:
(a) to any other Crown Body, including but not limited to, non- departmental public bodies or quasi Government authorities or agencies; and/or,
(b) to any consultant, contractor, college or other person engaged by THE ESFA directly in connection with this Agreement, provided that such information is treated as confidential by the receiving consultant, contractor, college or any other person.
6.4 In order to ensure that no unauthorised person gains access to any Confidential Information or data obtained and/or processed in the course of the delivery of the Services, THE AUTHORITY undertakes to maintain adequate security arrangements that meet the requirements of professional standards and best practice in addition to those set out in part one clause 8 and part three clause 3.
Freedom of Information and Confidentiality. The Parties acknowledge that all documents and other records related to the 2011 Canada Winter Games in the custody or under the control of Canada, Nova Scotia or the Halifax Regional Municipality, will be administered in accordance with the applicable legislation related to access to information and the protection of the privacy, including, as amended from time to time:
Freedom of Information and Confidentiality. 16.1 The Employer acknowledges and agrees that the ESFA is bound by, and will act in compliance with, the provisions of the Freedom of Information Act 2000.
Freedom of Information and Confidentiality. 2.1 The expiry or earlier termination of this Agreement shall not affect the continuing rights and obligations of the Company and the Council under these Protection of Information clauses.
Freedom of Information and Confidentiality. 51.1 The Councils and Contractor agree that provisions of this Agreement and each Project Document shall, subject to Clause 51.2, not be treated as Confidential Information and may be disclosed without restriction.
51.2 Clause 51.1 shall not apply to provisions of this Agreement or a Project Document designated as Commercially Sensitive Information and listed in Schedule 12 (Commercially Sensitive Information) to this Contract which shall, subject to Clause 51.4, be kept confidential for the periods specified in Schedule 12 (Commercially Sensitive Information).
51.3 The Councils and Contractor shall keep confidential all Confidential Information received by one Party from the other Party relating to this Agreement and Project Documents or the Project and shall use all reasonable endeavours to prevent their employees, agents and sub- contractors from making any disclosure to any person of any such Confidential Information.
51.4 Clauses 51.1 to 51.3 shall not apply to:
51.4.1 any disclosure of information that is reasonably required by any person engaged in the performance of their obligations under the Agreement for the performance of those obligations;
51.4.2 any matter which the Contractor or any of the Councils can demonstrate is already or becomes generally available and in the public domain otherwise than as a result of a breach of this Clause 51;
51.4.3 any disclosure to enable a determination to be made under Clause 53 (Dispute Resolution) or in connection with a dispute between the Contractor and any of its Sub-Contractors;
51.4.4 any disclosure which is required pursuant to any statutory, legal (including any order of a court of competent jurisdiction), or any Parliamentary obligation placed upon the Party making the disclosure or the rules of any stock exchange or governmental or regulatory authority having the force of law or if not having the force of law, compliance with which is in accordance with the general practice of persons subject to the stock exchange or governmental or regulatory authority concerned;
51.4.5 any disclosure of information which is already lawfully in the possession of the receiving Party, prior to its disclosure by the disclosing Party;
51.4.6 any provision of information to the parties’ own professional advisers or insurance advisers or to the Contractor to enable it to carry out its obligations under this Agreement, or may wish to acquire shares in the Contractor in accordance with the provisions of this Agreement to t...
Freedom of Information and Confidentiality