Law Enforcement Delay Clause Samples
A Law Enforcement Delay clause allows a party to postpone certain actions or disclosures if required by law enforcement authorities. In practice, this means that if a government agency requests a delay in notifying individuals about a data breach or other incident, the party subject to the clause can legally comply with that request without breaching the contract. This clause is essential for ensuring that contractual obligations do not conflict with legal investigations or law enforcement activities, thereby protecting the integrity of official inquiries and ensuring compliance with applicable laws.
Law Enforcement Delay. Notwithstanding the provisions of Section 5.1, above, if a law enforcement official states to Business Associate that notification of a Breach would impede a criminal investigation or cause damage to national security, then:
a. if the statement is in writing and specifies the time for which a delay is required, Business Associate shall delay such notification for the time period specified by the official; or
b. if the statement is made orally, Business Associate shall document the statement, including the identity of the official making the statement, and delay such notification for no longer than thirty (30) days from the date of the oral statement unless the official submits a written statement during that time.
Law Enforcement Delay. “Law Enforcement Delay” means when a law enforcement official notifies Business Associate that a notice, notification, or posting relating to the Breach would impede a criminal investigation or cause damage to national security.
Law Enforcement Delay. Business Associate shall comply with the terms of 45 C.F.R. § 164.412 with regard to an oral or written statement made by law enforcement regarding notification under this Section 3 in connection with a Breach of Unsecured Protected Health Information.