Breach of Privacy Obligations Sample Clauses
The Breach of Privacy Obligations clause defines the responsibilities and consequences when a party fails to uphold agreed-upon privacy standards or mishandles personal or confidential information. Typically, this clause outlines what constitutes a breach, such as unauthorized disclosure or improper use of sensitive data, and may specify notification requirements, remedies, or liability for damages. Its core function is to protect individuals' or entities' private information and to provide a clear framework for addressing and remedying privacy violations, thereby reducing legal and reputational risks.
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Breach of Privacy Obligations. Without limiting the rights of the parties under the Contract, the Plan will have the right to terminate the Contract if Contractor has engaged in a pattern of activity or practice that constitutes a material breach or violation of Contractor’s obligations regarding PHI under this BA Agreement and, on notice of such material breach or violation from the Plan, fails to take reasonable steps to cure the breach or end the violation. If Contractor fails to cure the material breach or end the violation after the Plan’s notice, the Plan may terminate the Contract by providing Contractor written notice of termination, stating the uncured material breach or violation that provides the basis for the termination and specifying the effective date of the termination. Such termination shall be effective sixty (60) days from this termination notice.
Breach of Privacy Obligations. Business Associate will report to Covered Entity in writing any use or disclosure of Covered Entity’s Protected Health Information not permitted by this Agreement. Business Associate will make the report to Covered Entity’s Privacy Officer not more than seventy-two (72) hours after Business Associate learns of such non-permitted use or disclosure. Business Associate’s report will at least:
a) identify the nature of the non-permitted use or disclosure including how such use or disclosure was made;
b) identify Covered Entity’s Protected Health Information used or disclosed;
c) identify who received the non-permitted disclosure;
d) identify what corrective action Business Associate took or will take to prevent further non- permitted uses or disclosures;
e) identify what Business Associate did or will do to mitigate any deleterious effect of the non- permitted use or disclosure; and
f) provide such other information, including a written report, as Covered Entity may reasonably request.
Breach of Privacy Obligations. Florida Blue will report to GHP any use or disclosure of the Limited Data Set that is not permitted by this Section III.C.6 of which Florida Blue becomes aware.
Breach of Privacy Obligations. Recipient will report to Data Provider any use or disclosure of the Limited Data Set that is not permitted by this Agreement or in writing by Data Provider. Recipient will make the report to Data Provider’s Privacy Officer within five (5) business days after Recipient learns of such non-permitted use or disclosure. Recipient’s report will at least: A) identify the nature of the non-permitted use or disclosure; B) identify the Limited Data Set content used or disclosed; C) identify who made the non-permitted use or disclosure and who received the non-permitted disclosure; D) identify what corrective action Recipient took or will take to prevent further non-permitted uses or disclosures; E) identify what Recipient did or will do to mitigate any deleterious effect of the non-permitted use or disclosure; and F) provide such other information, including a written report, as Data Provider may reasonably request.
Breach of Privacy Obligations. 1. PAI agrees to report to Group any use or disclosure of PHI not provided for by this Agreement, including breaches of unsecured PHI as required by 45 C.F.R. §164.410, within sixty (60) days of when ▇▇▇ discovered the unauthorized use or disclosure. Unauthorized uses or disclosures shall be treated as discovered when they are known by a member or agent of PAI’s workforce other than the workforce member who committed the unauthorized use or disclosure or, by exercising reasonable diligence, would have been known to a member or agent of PAI’s workforce other than the workforce member or agent who committed the breach. Agency used in this Section shall be determined in accordance with the federal common law of agency.
2. In the event PAI has materially breached this Section 8.25 of this Agreement and ▇▇▇ fails to cure the breach within a thirty (30) day period, Group may terminate this Agreement upon thirty (30) days prior written notice to PAI.
3. Upon termination, cancellation, expiration or other conclusion of this Agreement, PAI will, at its sole discretion and if feasible, return to Group or destroy all PHI. If ▇▇▇ returns Group’s PHI, all costs related to the return of such PHI will be paid by Group. PAI may identify any PHI that cannot feasibly be returned to Group or destroyed. PAI will limit its further use or disclosure of that PHI that is not returned or destroyed.
4. If for any reason Group determines that PAI has breached these terms and such breach has not been cured, but termination of the Agreement is not feasible, Group may report such breach to the U.S. Department of Health and Human Services.
5. PAI will have the right to terminate this Agreement if Group has engaged in a pattern of activity or practice that constitutes a material breach or violation of Group’s obligations regarding Group’s PHI and, on notice of such material breach or violation from PAI, fails to take reasonable steps to cure the breach or end the violation. If Group fails to cure the material breach or end the violation within thirty (30) days after receipt of PAI’s notice, PAI may terminate this Agreement by providing Group written notice of termination, stating the uncured material breach or violation that provides the basis for the termination and specifying the effective date of the termination. If for any reason Group has breached the terms of this Section 8.25 and such breach has not been cured, but termination of this Agreement is not feasible, PAI may report such...
Breach of Privacy Obligations