Data Contract Condition Language for:
National Death Index

sorted by Category and Condition

October 31, 2014, 1:32 am

Data Use

Data used for statistical purposes

B. The identifying information will be used ONLY for statistical purposes in medical and health research.

No redistribution of data

F. The original version of the NDI data must be retained at a single location and no copy or extract of identifiable information may be made available to anyone except those persons identied in the Agreement and who have signed a non-disclosure statement. The NDI data may not be re-released to others except as specfiied in item 7 of this agreement.

Stick to original research plan

D. The identifying information will be used only for the study or project proposed and the purpose described in the approved NDI application form. Use of the information for a research project other than the one described in the application form will not be undertaken until after a separate NDI application form for that project has been submitted to, and approved by,
the National Center for Health Statistics.

Inspections & Penalties

Penalty

E. NCHS obtains death record information via contracts with the state vital statistics offices. These contracts contain specific restrictions on the use of the information by the NDI and by the NDI Plus service (which gives NDI users cause of death codes). By providing NCHS with these assurances, I understand that I am also providing the same assurances to the state vital statistics offices. Violation of the terms and conditions of this Agreement may subject the organization/researcher to immediate abrogation of the Agreement by NCHS, the requirement of the return of all NDI data and related materials, and denial of future use of the NDI. Violation of the terms of the Agreement may also be a violation of Federal criminal law under 18 U.S.C. Section 1001. NCHS will pursue all legal remedies in the event of unauthorized disclosure of identifiable information from NDI data. Violation of the terms of the Agreement are also subject to state legal remedies.

Inspections & Penalties

Site Inspections can/will occur

J. Authorized NCHS staff or agents may, upon request, be granted access to {name of user} facilities, where confidential NDI data are kept or used, for the purpose of inspecting the data security arrangements.

Legal Details

Data Breach

I. The organization/researcher must notify NCHS within 24 hours upon discovering any loss or suspected loss of identifiable NDI data or any disclosure of identifiable NDI data to unauthorized parties. This must be reported to the DVS Director, Charles J. Rothwell (301-458-4468). Within 3 business days of the notication to NCHS, the organization/researcher must submit to the NCHS Condentiality Officer, a more detailed written report including the date and nature of the event, actions taken or to be taken to remediate the issue(s), and plans or processes developed to prevent further problems, including specific information on timelines anticipated for action.
e organization/researcher must notify NCHS within 24 hours upon discovering any loss or suspected loss of identiable NDI data or any disclosure of identiable NDI data to unauthorized parties. is must be reported to the DVS Director, Charles J. Rothwell (301-458-4468). Within 3 business days of the notication to NCHS, the organization/researcher must submit to the NCHS Condentiality Ocer, a more detailed written report including the date and nature of the event, actions taken or to be taken to remediate the issue(s), and plans or processes developed to prevent further problems, including specific information on timelines anticipated for action.
e organization/researcher must notify NCHS within 24 hours upon discovering any loss or suspected loss of identiable NDI data or any disclosure of identiable NDI data to unauthorized parties. is must be reported to the DVS Director, Charles J. Rothwell (301-458-4468). Within 3 business days of the notification to NCHS, the organization/researcher
must submit to the NCHS Condentiality Officer, a more detailed written report including the date and nature of the event, actions taken or to be taken to remediate the issue(s), and plans or processes developed to prevent further problems, including specic information on timelines anticipated for action.

FOIA or other legal data request

A. ALL REQUESTS FOR IDENTIFIABLE DATA OBTAINED VIA THE NDI WILL BE REFERRED IMMEDIATELY TO NCHS. In accordance with Section 308(d) of the Public Health Service Act, such identifiable data will specially not be provided in response to a direct order from an official of any government agency, the Administration or Congress, nor in response to an order from a court of justice.

Extras Administration

Expiration: Date or Length in DUA

A. Except for persons or organizations specied in the approved NDI application form, no data will be published or released in any form to any party if a particular individual or establishment is identifiable. ALL REQUESTS FOR IDENTIFIABLE DATA OBTAINED VIA THE NDI WILL BE REFERRED IMMEDIATELY TO NCHS.

Signer has authority to bind university

NOTE: The "official authorized to execute agreements" will vary among organizations. Whenever possible, the NDI prefers that this official be someone at a higher level of authority than the principal investigator or other persons responsible for the study or project; for example, a university official authorized to sign grant proposals, a company vice president, a government division or bureau director. By signing this agreement as the authorized official, you are declaring that you have the authority to make the above assurances on behalf of the university, company, agency or other organization and to bind the organization to the terms of this agreement and you take responsibility for the confidentiality assurances of all organizations or individuals who are participating in this study.