Data Contract Condition Language for:
Bureau of Labor Statistics

sorted by Category and Condition

August 28, 2014, 11:13 pm

Data Use

Cannot merge new files w/o amendment

VII.H. The recipient and designated agents will not attempt to link the confidential information with individually identifiable records from any data set.

Data used for statistical purposes

VII. G. The recipient will assure that there will be no access to confidential information by any person other than an agent designated under this agreement. Neither the recipient nor any agent designated pursuant to this agreement will use confidential information for any purpose other than a statistical purpose nor disclose or publish such information nor allow access to such information to any persons other than such agents.

No re-identification

VII. I. Neither the recipient nor designated agents will use the Geocode data file for the purpose of identifying persons in any way. . . .

No redistribution of data

VII. A. In its discretion, the BLS may designate agents authorized to carry out activities subject to this agreement. No agent designations shall become effective unless approved by the Commissioner of the BLS or his designee and until an agent agreement satisfactory to the BLS is signed by the agent candidate and by the Commissioner or his designee. At the present time, it is contemplated by the parties that only the following persons will be designated as agents: (list names of agents)

VII. B. The BLS may revoke an agent agreement at any time and without advance notice. The recipient may, from time to time, request that additional agents be designated by the BLS or that a current agent agreement be revoked. The recipient shall notify the BLS Project Coordinator whenever an agent is no longer associated with the recipient or where the continuation of an agent arrangement may endanger the confidentiality of data.

Training & Awareness

VII.D. BLS-designated agents must complete confidentiality training provided by the BLS both at the start of their project and on an annual basis thereafter for the duration of this agreement.

VII.E. All agents must agree, in writing, to comply with all provisions of law that affect information acquired by that agency, including, among other laws, the Privacy Act. They must specifically swear to comply with the provisions of Section 512 of the "Confidential Information Protection and Statistical Efficiency Act" (Exhibit A).

Inspections & Penalties

Site Inspections can/will occur

VII. N. Moreover, the BLS conducts periodic data confidentiality audits of research outputs on a sample of data users to ensure adherence to the terms and provisions of this agreement. The recipient and designated agents agree to cooperate with such audits. The recipient and designated agents will be bound by the determinations of the BLS Project Coordinator.

Publication

Cite/acknowledge data

X. B. Agents will include in all final publicly released reports, work products, or research outputs, the following disclaimer "This research was conducted with restricted access to Bureau of Labor Statistics (BLS) data. The views expressed here do not necessarily reflect the views of the BLS."

Disclaimer language

"This research was conducted with restricted access to Bureau of Labor Statistics (BLS) data. The views expressed here do not necessarily reflect the views of the BLS."

Disclosure Requirements

VII. J. Research outputs intended for release or publication must not include or reveal the characteristics of an individual respondent.

VII. K. Research outputs intended for release or publication must not include presentation of data or observations by geographic area at the State level or finer. This restriction does not prohibit presentation of data or observations aggregated on a bi-state or multi-state level.

VII. L. The Recipient Project Coordinator must submit for confidentiality review any research output intended for release or publication that could raise reasonable questions regarding any compromise or breach of confidentiality or any disclosure of individually identifiable information. Where such reasonable questions exist, such outputs may not be released or published without the advance written approval of the BLS Project Coordinator. The recipient and designated agents will be bound by the determinations of the BLS Project Coordinator.

VII.M For this NLSY Geocode LOA, in addition to any required submission under VII. L, the BLS Project Coordinator may require the submission for BLS review of any research output from the project intended for release or publication. The scope of this review will be solely to determine compliance with CIPSEA and the Privacy Act, and to ensure adherence to the confidentiality and security provisions established under Sections VII and VIII of this agreement. BLS will notify the Recipient Project Coordinator within three months of the execution of this agreement if research outputs will need to be submitted for review. However, BLS reserves the right to require submission of research outputs at any time if BLS, in its sole discretion, believes a violation of this agreement may have occurred. BLS will complete its review of outputs and notify the Recipient Project Coordinator as soon as possible, not to exceed sixty (60) days after receipt. Agents may not disseminate research outputs until BLS has completed its review and a written authorization has been provided to the Recipient Project Coordinator. The recipient and designated agents will be bound by the determinations of the BLS Project Coordinator.

Make effort to publish

X.A. The recipient will use reasonable efforts to assure that the end product of the study produced pursuant to this agreement is published or otherwise made available to the public.

Pre-review required

VII.M. For this NLSY Geocode LOA, in addition to any required submission under VII. L, the BLS Project Coordinator may require the submission for BLS review of any research output from the project intended for release or publication. The scope of this review will be solely to determine compliance with CIPSEA and the Privacy Act, and to ensure adherence to the confidentiality and security provisions established under Sections VII and VIII of this agreement. BLS will notify the Recipient Project Coordinator within three months of the execution of this agreement if research outputs will need to be submitted for review. However, BLS reserves the right to require submission of research outputs at any time if BLS, in its sole discretion, believes a violation of this agreement may have occurred. BLS will complete its review of outputs and notify the Recipient Project Coordinator as soon as possible, not to exceed sixty (60) days after receipt. Agents may not disseminate research outputs until BLS has completed its review and a written authorization has been provided to the Recipient Project Coordinator. The recipient and designated agents will be bound by the determinations of the BLS Project Coordinator.

Security

Printouts

VIII.A. . . All electronic storage media and printed materials that contain confidential information must be stored in a locked receptacle in one of these locations. Only authorized employees of BLS and agents of the BLS designated under this agreement shall have access to the locked receptacle.

Remote Access Policy

VIII.C.The data may not be accessed by modem or other electronic communication device from a location other than that specified in paragraph A

Work location defined

VIII. A. All work provided for under this agreement shall be performed at the recipient's institution in locations approved by the BLS Project Coordinator. This excludes any residential facilities maintained by the institution. At the present time, BLS has approved the following locations: (specify office(s))

All electronic storage media and printed materials that contain confidential information must be stored in a locked receptacle in one of these locations. Only authorized employees of the BLS and agents of the BLS designated under this agreement shall have access to the locked receptacle. Requests for changes to these locations must be submitted in writing to the BLS Project Coordinator. No changes may be made until approved in writing by the BLS Project Coordinator.

VIII. C. The recipient agrees to implement safeguards satisfactory to the BLS to prevent unauthorized access, by electronic or physical means, to the Geocode data file and electronic outputs created from it. Where satisfactory to the BLS, the Geocode data file and these outputs may be copied to and stored on a network server, mainframe computer, desktop computer, laptop computer, compact disk, diskette, tape, DVD, or other storage media, and may be accessed by modem or other electronic communication device, provided that the information is protected by password or other secure means to prevent unauthorized access, The data may not be accessed by an electronic communication service, such as the Internet. The data may not be accessed by modem or other electronic communication device from a location other than that specified in paragraph A.

Legal Details

Data Breach

VIII.D. The recipient agrees to notify the BLS Project Coordinator immediately upon discovering:
(1) any breach or suspected breach of security, or
(2) any unauthorized disclosure or use of the confidential information,

FOIA or other legal data request

VIII.B. The recipient agrees to allow employees or agents of the BLS access to its facility, if requested, for the purpose of reviewing the recipient's adherence to the confidentiality and security provisions of this agreement.

Inadvertent Discovery

VII.I. Neither the recipient nor designated agents will use the Geocode data file for the purpose of identifying persons in any way. If the identity of a person is inadvertently discovered, the recipient and agents will make no use of this knowledge and will hold the identity of the person in confidence.

Extras Administration

Amendments require UM signature

X.I. Modifications of this agreement may only be made in writing and signed by the Commissioner or a designated representative of the BLS and by a duly authorized representative of the recipient. The Project Coordinators are not authorized to take any action to change the terms or provisions of this agreement.

Removal of Personnel on contract

VII. B. The recipient may, from time to time, request that additional agents be designated by the BLS or that a current agent agreement be revoked. The recipient shall notify the BLS Project Coordinator whenever an agent is no longer associated with the recipient or where the continuation of an agent arrangement may endanger the confidentiality of data.

Return/destroy media

Please note: the BLS media will remain at PSC until ALL BLS contracts are terminated.

VIII.G. After one year from the date of this agreement or at an earlier time, if required by the BLS Project Coordinator, all source documents or other media provided to the recipient by the BLS must be returned to the BLS Project Coordinator, Any documents, compact disks, diskettes, tapes, DVDs, or any other media, including computer hard drives, created by the recipient that contain confidential information must be destroyed, deleted, or disposed of in a manner satisfactory to the BLS Project Coordinator. The recipient's failure to surrender such materials promptly may be a violation of 18 U,SC Section 641.

Signer has authority to bind university

X.I. Modifications of this agreement may only be made in writing and signed by the Commissioner or a designated representative of the BLS and by a duly authorized representative of the recipient. The Project Coordinators are not authorized to take any action to change the terms or provisions of this agreement.