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i), Survival <br />The provisions set forth herein shall survive any termination or expiration of this subgrant agreement or <br />any project schedule. <br />20, Confidentiality Requirements <br />The State of California and the Subgrantee will exchange various kinds of information pursuant to this <br />subgrant agreement. That information will include data, applications, program files, and databases. <br />These data and information are confidential when they define an individual or an employing unit. <br />Confide ce.ial ,information requires special precautions to protect it from unauthorized use, access, <br />disclosure, modification, and destruction. The sources of information may include, but are not limited <br />to, the EDD, the California Department of Social Services, the California Department of Education, the <br />California Department of Corrections and Rehabilitation, the County Welfare Department(s), the County IV- <br />D Directors Office of Child Support, the Office of the District Attorney, the California Department of <br />Mental Health, the California Office of Community Colleges and the Department of Alcohol and Drug <br />Programs, - <br />The "pass - through" entity and Subgrantee agree that: <br />a), Each party shall keep all information that is exchanged between them in the strictest confidence and <br />make much information available to their own employees only on a "need -to- know" basic. <br />b). Each party shall provide security sufficient to ensure protection of confidential information from <br />improper use and disclosures, including sufficient administrative, physical, and technical safeguards to <br />protect this information from reasonable unanticipated threats to the security or confidentiality of the <br />rnformat.ion, <br />c). The Subgrantee agrees that information obtained under this subgrant agreement will not be reproduced, <br />published, sold or released in original or in any other form for any purpose other than those <br />specifically identified in this agreement, <br />(1) Aggregate Summaries: All reports and /or publications developed by the Subgrantee based on data <br />obtained under this agreement shall contain confidential data in aggregated or statistical summary form <br />only, "Aggregated" refers to a data output that does not allow identification of an individual or <br />employer unit. <br />(2) Publication; Prior to publication, Subgrantee shall carefully analyze aggregated data outputs to <br />ensure the identity of individuals and /or employer units cannot be inferred pursuant to Unemployment <br />Insurance Code Section 1094(e). Personal identifiers must be removed. Geographic identifiers should be <br />specified only In large areas and as needed, and variables should be recorded in order to protect <br />Confidentiality. <br />(3) Minimum Data Cell Size: The minimum data cell size or derivation thereof shall be three participants <br />for any data table xeleased to outside parties or to the public. <br />d). Each party agrees that no disaggregate data, identifying individuals or minelayers, shall be released <br />to outside parties or the public. <br />e) . The Subgrantee Shall notify "pass- through" entity's Information Security Office of any actual or <br />attempted information security incidents, within 24 hours of initial detection, by telephone at (916) 654- <br />6231, Information Security Incidents include, but are not limited to, any event (intentional or <br />unintentional), that. causes the loss, damage, or destruction, or unauthorized access, use, modification, <br />or disclosure of information assets. <br />The Subgrantee shall cooperate with the ^pacts- through" entity in any investigation of security incidents. <br />The system or device affected by an information security incident and containing confidential, data <br />obtained in the administration of this program shall be immediately removed from operation upon <br />confidential data exposure or a known security breach. It shall remain removed from operation until <br />correction and mitigation measures are applied, <br />If the Subgrantee learns of a breach in the security of the syatam which contains confidential data <br />obtained under this Subgrant, then the Subgrantee must provide notification to individuals pursuant. to <br />Civil Code Section 1798.82. <br />f). The Subgrantee shall provide for the management and control of physical access to information assets <br />(including personal computer systems, computer terminals, mobile computing devices, and various <br />electronic storage media) used in performance of this Subgrant. This shall include, but is not limited <br />to, security measures to physically prated data, systems, and workstations from unauthorized access and <br />malicious activity the. prevention, detection, and suppression of fires; and the prevention, detection, <br />and minimization of water damage. <br />g). At no time will confidential data obtained pursuant to this agreement be placed on a mobile computing <br />device, or on any form of removable electronic .storage media of any kind unless the data are fully <br />encrypted. <br />h) . Each party shall. provide its employees with access to confidential. informat'ca with written <br />instructions fully disclosing and explaining the penalties for unauthorized use or disclosure of <br />confidential information found in Section 1798,55 of the Civil. Code, Section 502 of the Penal Code, <br />Section 2111 of the Unemployment Insurance Code, Section 1.0850 of the Welfare and lnctitutions Code and <br />other applicable local, state and federal laws. <br />i). Each party shall ( %Ilxems iL is appropriate) atone and process information in electronic format, in <br />such a way that unauthorized persons Cannot reasonably retrieve the information by means of a computer. <br />i). Each party shall promptly return to the other party confidential information When its use ends, or <br />destroy the confidential information utilizing an approved method of destroying confidential informati.cn: <br />shredding, burping, or certified or witnessed destruction. Magnetic media are to be degsnsmed or <br />returned to the other party. <br />k) . If the °pass- thrcughP entity or Subgrantee enters into an agreement with a third party to provide <br />WIOA services, the "pass- through" entity or Subgrantee agrees to inolude tines data and security and <br />confidentiality requiiremento in the agreement With that third party. In no event shall said information <br />be disclosed to any individual outside of that third party's authorized staff, subcontractor(s), service <br />providers, or employees. <br />1) . The Subgrantee may, in its operation of the America's ,lob Center of California (A.ICC), permit an ASCC <br />Oporitor to enter into a subcontract to manage confidential information. This subcontract may allow an <br />individual to register for resume- distribution mervices at the same time the individual enrolls in <br />CalSCSS, Subgrantee shall, enters that all Such subcontracts comply with the .intellectual property <br />requirements of paragraph 19 of this Subgrant, de confidentiality requirements of paragraph 20 of this <br />subgrant and any other terms of this Subgrant that may be applicable. In addition, the fallowing <br />Page 12 of 13 <br />55A -18 <br />