Common use of Protection of Health Data Clause in Contracts

Protection of Health Data. 59.3.1 The Service Provider must comply with all data security requirements in respect of access to and use of Health Data specified in the Statement of Requirement or Notified to the Service Provider by Health from time to time. 59.3.2 The Service Provider must not, and must ensure that its Subcontractors and Personnel do not: (a) remove Health Data or allow Health Data to be removed from Health's, or an End User's premises, otherwise than as required by, and in accordance with, this Services Agreement; (b) take Health Data or allow Health Data to be taken outside of or stored outside of, or accessed from outside of, Australia or require Health to allow Health Data to be taken outside of or stored outside of Australia; (c) use Health Data for purposes other than those directly related to the performance of the Services; (d) sell, let for hire, assign rights in or otherwise dispose of any Health Data; (e) make available any Health Data to any third party other than Subcontractors approved in accordance with this Services Agreement and then only to the extent necessary to enable the Subcontractor to perform its part of the Services; (f) allow any person who does not have the appropriate level of security clearance from gaining access to Health Data; or (g) commercially or otherwise exploit Health Data, without Health’s prior written consent. 59.3.3 The Service Provider must ensure that it has in place, at all times, safeguards against the unauthorised access, misuse, damage, destruction, loss, alteration or corruption of Health Data (including by third parties) which is in the possession of the Service Provider or Service Provider Personnel. The Service Provider must ensure that such safeguards comply with any other security procedures or requirements specified by Health from time to time and all applicable Laws.

Appears in 4 contracts

Samples: Services Agreement, Services Agreement, Services Agreement

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