Return or Destruction of Confidential Information and Highly Confidential Information. Each party shall, at the other party’s option, destroy or return all Confidential Information or Highly Confidential Information to the other party upon demand within three (3) business days of demand. In addition, that party shall, at the other party’s option, destroy or return all Confidential Information and Highly Confidential Information that belong to the other party within three (3) business days of the expiration or termination of this Agreement. In the event the party to which the aforesaid information belongs elects to have the other party to destroy the Confidential Information and Highly Confidential Information, that party shall provide an affidavit attesting to such destruction. In general, proper disposal methods may include, but are not limited to: For Highly Confidential Information and PII in paper records, shredding, burning, pulping, or pulverizing the records so that the Highly Confidential Information and PII is rendered essentially unreadable, indecipherable, and otherwise cannot be reconstructed. For Highly Confidential Information and PII on electronic media, clearing (using software or hardware products to overwrite media with non-sensitive data), purging (degaussing or exposing the media to a strong magnetic field in order to disrupt the recorded magnetic domains), or destroying the media (disintegration, pulverization, melting, incinerating, or shredding). Other methods of disposal also may be appropriate, depending on the circumstances. Organizations are encouraged to consider the steps that other data professionals are taking to protect student privacy in connection with record disposal.
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