Common use of Individual’s Privacy Rule Rights Clause in Contracts

Individual’s Privacy Rule Rights. With respect to any relevant PI in the Contractor’s possession, the Contractor shall take such action as may be requested by EOHHS to meet EOHHS’ obligations under 45 CFR §§ 164.524, 164.526 or 164.528 or other Applicable Law pertaining to an Individual’s right to access, amend or obtain an accounting of uses and/or disclosures of its PI, in sufficient time and manner for EOHHS to meet its obligations under such Privacy Rule provisions or other Applicable Law. If an Individual contacts the Contractor with respect to exercising any rights the Individual may have under 45 CFR §§ 164.524, 164.526 or 164.528 or similar Applicable Law with respect to PI in the Contractor’s possession, the Contractor shall respond in accordance with Applicable Law. If an Individual contacts the Contractor with respect to exercising any rights the Individual may have under 45 CFR §§ 164.524, 164.526 or 164.528 or similar Applicable Law with respect to PI that is provided pursuant to the DUA referenced in Section 7 of the Contract, the Contractor shall notify EOHHS’ Privacy Officer within two (2) business days of the Individual’s request and cooperate with EOHHS to meet any of its obligations with respect to such request. With respect to an Individual’s right to an accounting under 45 CFR § 164.528, the Contractor shall document all disclosures of and access to PI as would be necessary for the Contractor or EOHHS to respond to a request by an Individual for an accounting in accord with 45 CFR § 164.528. The Contractor shall also document uses and disclosures of PI and other data access activities to the extent required under M.G.L. c. 66A, § 2(f).

Individual’s Privacy Rule Rights. With respect to any relevant PI in the ContractorProvider’s possession, the Contractor Provider shall take such action as may be requested by EOHHS to meet EOHHS’ obligations under 45 CFR §§ 164.524, 164.526 or 164.528 or other Applicable Law pertaining to an Individual’s right to access, amend or obtain an accounting of uses and/or disclosures of its PI, in sufficient time and manner for EOHHS to meet its obligations under such Privacy Rule provisions or other Applicable Law. If an Individual contacts the Contractor Provider with respect to exercising any rights the Individual may have under 45 CFR §§ 164.524, 164.526 or 164.528 or similar Applicable Law with respect to PI in the ContractorProvider’s possession, the Contractor shall respond in accordance with Applicable Law. If an Individual contacts the Contractor with respect to exercising any rights the Individual may have under 45 CFR §§ 164.524, 164.526 or 164.528 or similar Applicable Law with respect to PI that is provided pursuant to the DUA referenced in Section 7 of the Contract, the Contractor Provider shall notify EOHHS’ Privacy Officer or other designated representative within two (2) business days of the Individual’s request and cooperate with EOHHS to meet any of its obligations with respect to such request. If EOHHS determines that the Provider should respond or otherwise take action in response to such request directly, the Provider shall respond or otherwise take such action in accordance with EOHHS’ direction. At EOHHS’ election, the Provider agrees to enter into a written agreement (including an amendment to the Contract) memorializing such direction. With respect to an Individual’s right to an accounting under 45 CFR § 164.528, the Contractor Provider shall document all disclosures of PI and other data access to PI activities as would be necessary for the Contractor or EOHHS to respond to a request by an Individual for an accounting in accord with 45 CFR § 164.528. The Contractor Provider shall also document uses and disclosures of PI and other data access activities to the extent required under M.G.L. c. 66A, § 2(f).