Common use of Safeguarding Information Clause in Contracts

Safeguarding Information. 7.01 The AGENCY shall not use or disclose any information concerning a recipient of services under this Contract for any purpose not in conformity with all applicable Federal, Florida State, and local laws, rules and regulations, except on written consent of the recipient, his or her attorney, or his or her responsible parent or guardian, and THE PARTNERSHIP. 7.02 In the course and scope of performing services under this Contract, the AGENCY may receive, be exposed to or acquire confidential information including, but not limited to, all information, data, reports, records, summaries, tables and studies, whether written or oral, fixed in hard copy or contained in any computer database or computer readable form, as well as any information identified as confidential (“Confidential Information”) of another Party. The AGENCY, including their employees, agents or representatives, shall: (a) not disclose to any third party the Confidential Information of the other Party except as otherwise permitted by this Contract; (b) only permit use of such Confidential Information by employees, agents and representatives that have a need to know in connection with performance of services under this Contract; and (c) advise each of their employees, agents and representatives of their obligations to keep such Confidential Information confidential. However, on a case by case basis, in accordance with Florida law, this provision may not be applicable to Confidential Information: (d) after such information becomes available to the public through no fault of any Party to this Contract; (e) which may have been later lawfully publicly released by any Party in writing; (f) which is lawfully obtained from third parties without restriction; or (g) which can be shown to be previously known or developed by either AGENCY independently of any other AGENCY.

Safeguarding Information. 7.01 1. The AGENCY shall not use or disclose any information concerning a recipient of services under this Contract Agreement for any purpose not in conformity with all applicable Federal, Florida State, and local laws, rules and regulations, except on written consent of the recipient, his or her attorney, or his or her responsible parent or guardian, and THE PARTNERSHIPthe COUNTY. 7.02 2. In the course and scope of performing services under this Contract, the AGENCY may receive, be exposed to or acquire confidential information including, but not limited to, all information, data, reports, records, summaries, tables and studies, whether written or oral, fixed in hard copy or contained in any computer database or computer readable form, as well as any information identified as confidential (“Confidential Information”) of another Partyparty. The AGENCY, including their employees, agents or representatives, shall: : (aA) not disclose to any third party the Confidential Information of the other Party party except as otherwise permitted by this Contract; ; and (bB) only permit use of such Confidential Information by employees, agents and representatives that have a need to know in connection with performance of services under this Contract; and and (cC) advise each of their employees, agents and representatives of their obligations to keep such Confidential Information confidential. However, on a case by case basis, in accordance with Florida law, this provision may not be applicable to Confidential Information: : (dA) after such information becomes available to the public through no fault of any Party party to this Contract; ; or (eB) which may have been later lawfully publicly released by any Party party in writing; ; or (fC) which is lawfully obtained from third parties without restriction; or restriction or (gD) which can be shown to be previously known or developed by either AGENCY independently of any other AGENCY. 3. The Business Associate Agreement as Attachment “C” shall govern all matters necessary to enforce the provisions of the HIPAA Privacy and Security Rules 45 CFR Parts 160, 162, and 164 as applicable to this contract.