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4 <br /> XX. CONFIDENTIALITY <br /> A. The parties may use Personal Information and other information gained by reason of <br /> any Contract only for the purpose of the Contract. The County and Agency shall not <br /> disclose, transfer, or sell any such information to any other party, except as provided <br /> by law or, in the case of Personal Information, with the prior written consent of the <br /> person or personal representative of the person to whom the Personal Information <br /> pertains. <br /> B. The Agency shall protect and maintain all Confidential Information gained by reason <br /> of any Contract against unauthorized use, access, disclosure, modification or loss. <br /> This duty requires the Agency to employ reasonable security measures,which include <br /> restricting access to the Confidential Information by: <br /> 1. Allowing access only to staff that have an authorized business requirement to view <br /> the Confidential Information; <br /> 2. Physically securing any computers, documents, or other media containing the <br /> Confidential Information; <br /> 3. Ensuring the security of Confidential Information transmitted via fax (facsimile) by <br /> verifying the recipient phone number to prevent accidental transmittal of <br /> Confidential Information to unauthorized persons; <br /> 4. When transporting records containing Confidential Information outside of a Secure <br /> Area, do one or more of the following as appropriate: <br /> a. Use a Trusted System; and <br /> b. Encrypt the Confidential Information, including: <br /> (i) Email and/or email attachments; and <br /> (ii) Confidential Information when it is stored on portable devices or media, <br /> including, but not limited to laptop computers and flash memory devices; <br /> and <br /> 5. Sending paper documents containing Confidential Information via a Trusted <br /> System. <br /> C. To the extent allowed by law, at the end of any Contract term, or when no longer <br /> needed, the parties shall return Confidential Information or certify in writing the <br /> destruction of Confidential Information upon written request by the other party. <br /> D. Paper documents with Confidential Information may be recycled through a contracted <br /> firm, provided the contract with the recycler specifies that the confidentiality of <br /> information will be protected, and the Confidential Information destroyed through the <br /> recycling process. Paper documents containing Confidential Information require <br /> special handling (e.g., protected health information) must be destroyed through <br /> shredding, pulping or incinerations. <br /> E. The compromise or potential compromise of Confidential Information must be reported <br /> to the County contact designated on any Contract within five (5) business days of <br /> discovery for breaches of less than 500 persons' protected data, and three (3) <br /> business days of discovery for breaches of 500 or more persons' protected data. The <br /> Basic Terms and Conditions Agreement <br /> City of Everett <br /> HSD-2018-101-198 <br /> Page 11 of 31 <br /> 36 <br />