2006/08/30 Council Agenda Packet

DOL DAPS Master t ast �Jo. 8147 DAPS Contract No. 1 y Contractor Contract No. 9 redisclosed without the written authority of DOL. USER or USER employees shall not use the data provided for any purpose not specifically authorized under this Agreement. PROHIBITED USE OF DATA 1. USER shall not furnish to any person, association, or organization any of the information, or part thereof, obtained from DOL. All exceptions to the above must be approved in writing by the Director of DOL, or the Director's designee, setting out any limitations or conditions to which the approval is subject. Such written approval must be granted by the DOL prior to the requested use of, or release of, the information that is subject to the exception. 2. The sale or other distribution of vehicle, owner name or address or driver name or address to another person is in violation of this Agreement. This subsection shall not prevent USER from requesting additional specific exceptions from this section from DOL, subject to prior written approval of, and any conditions imposed by, DOL. No exceptions shall be valid unless approved in writing by the Director of DOL or his/her designated designee, accompanied by a statement of conditions, if any, imposed on such approval, prior to the intended use of the information that is the subject of the exception. 3. Any violation of the restrictions, conditions or requirements contained in this Agreement constitutes grounds for DOL to terminate this Agreement immediately. 4. In the absence of actual delivery to and receipt by either party by mail or other means at an earlier date and/or time notice of termination shall be conclusively deemed to have been delivered to, and received by, the other party as of midnight of the third day following the date of its posting in the United States mail, addressed as provided herein. RIGHTS IN DATA Unless otherwise provided, data, which originates from this Agreement shall be"works for hire"as defined by the U.S. Copyright Act of 1976 and shall be owned by the DOL. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. SECURITY OF DATA The confidentiality classification of the data determines the handling requirements for this data while it is in motion and at rest. The required protective measures are: A recent independent security review of DOL's infrastructure recommended that all remote access to DOL's sensitive information be secured with strong authentication and encrypted communications. Given the security experts' recommendation and the sensitivity of the data provided from the DAPS system, DOL believes a strong authentication mechanism is required to positively identity the user of the system irrespective of the network used to access the application. Both digital certificates and SecureAccess WA are considered to have this strong authentication mechanism. Each party shall take due care to protect the shared data from unauthorized physical and electronic access, as described in this Agreement, to ensure the parties are in compliance with all appropriate ISB security standards. TERMINATION OF ACCESS Each party may at its discretion disqualify an individual authorized by the other party from gaining access to data. Notice of termination of access will be by written notice and become effective upon receipt by the other party. Termination of access of one individual by either party does not affect other individuals authorized under this Agreement. • 4 (Y File Name: 8147-DAP-DOL Interagency DSA.doc Page 8 of/01.7 Printed: 7/14/2006