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State of California City of Santa Ana <br /> Franchise Tax Board Agreement# 107503 <br /> 4. EMPLOYEE ACCESS TO INFORMATION: <br /> Each party receiving data agrees that the information obtained will be kept in the strictest <br /> confidence and shall make information available to its own employees only on a "need-to- <br /> know" basis. The "need-to-know" standard is met by authorized employees who need <br /> information to perform their official duties in connection with the uses of the information <br /> authorized by this Agreement. Each party receiving data recognizes its responsibility to <br /> protect the confidentiality of the information in its custody as provided by law and to ensure <br /> that such information is disclosed only to those individuals and for such purposes as are <br /> authorized by law and this Agreement. <br /> 5. PROTECTING CONFIDENTIAL INFORMATION/ INCIDENT REPORTING: <br /> Each party receiving data, in recognizing the confidentiality of the information to be <br /> exchanged, agrees to take all appropriate precautions to protect the confidential information <br /> obtained pursuant to this Agreement from unauthorized access, use, or disclosure. Each <br /> party receiving data will conduct oversight of its users with access to the confidential <br /> information provided under this Agreement, and will immediately notify FTB's Information <br /> Security Audit & Investigations Unit (SecurityAuditMailAftb.ca.gov) of any unauthorized or <br /> suspected unauthorized accesses, uses and/or disclosures (incidents). For purposes of this <br /> section, "immediately" is defined as within 24 hours of the discovery of the breach or <br /> suspected breach. The notification must describe the incident in detail and identify <br /> responsible personnel (name, title and contact information). The party with an incident will <br /> comply with the incident reporting requirements in accordance with Civil Code Section <br /> 1798.29, State Administrative Manual (SAM) Chapter 5300 and Sections 8643, and State <br /> Information Management Manual 5340-A and 5340-C to facilitate the required reporting to <br /> the taxpayer(s) or state oversight agencies. <br /> 6. INFORMATION SECURITY: <br /> Information security is defined as the preservation of the confidentiality, integrity, and <br /> availability of information. A secure environment is required to protect the confidential <br /> information obtained by each party pursuant to this Agreement. Each party receiving data will <br /> store information so that it is physically secure from unauthorized access. The records <br /> received will be securely maintained and accessible only by employees of the specified <br /> program who are committed to protect the data from unauthorized access, use or disclosure. <br /> All FTB electronic data must be encrypted when in transit using FIPS 140-3 approved <br /> encryption technology, and be password protected and secure at all times when in storage. <br /> Confidential information obtained from FTB must be secured in accordance with the SAM <br /> Chapters 5100 and 5300 (Information Security), and National Institute of Standards and <br /> Technology (NIST) Special Publication 800-53 (moderate); and additional security <br /> requirements provided by FTB. FTB may require that a Security Questionnaire for the party <br /> receiving confidential data from FTB be completed or be on file with FTB's Chief Security <br /> Officer, or their designee. <br /> If this Agreement calls for Federal Tax Information (FTI) to be provided by FTB, the receiving <br /> party must also comply with Internal Revenue Service Publication 1075. <br /> 7. CLOUD COMPUTING ENVIRONMENT: <br /> Each party receiving FTB's confidential data must submit a completed FTB Cloud Computing <br /> Questionnaire before using a Cloud Computing Environment. The questionnaire will be <br /> reviewed for approval by FTB's Chief Security Officer, or their designee. A Cloud Computing <br /> Environment cannot be used to receive, transmit, store or process FTB's confidential data <br /> without prior written approval from FTB's Chief Security Officer, or their designee. <br /> Page 6 of 13 <br /> Rcaiiccd no+c nR n7 ')no <br />