Common use of Data Practices and Procedures Clause in Contracts

Data Practices and Procedures. A. All Parties agree to establish data practices that conform to state and federal statutes and rules regulating data, particularly the collection, creation, receipt, maintenance, or dissemination of private data on individuals as defined and regulated by the Minnesota Government Data Practices Act, Minnesota Statutes, Sect. 13, and or any other applicable state or federal laws. Parties further agree to establish practices for student data that conform to the federal Family Education Rights and Privacy Act of 1974 (FERPA). Such data practices shall, at minimum, include the provisions defined below in Sect 8.B. through 8.K. B. The Parties designate the Collaborative Administrator as the Responsible Authority pursuant to the Minnesota Government Data Practices Act, as the individual responsible for the collection, reception, maintenance, dissemination, and use of any data on individuals; pursuant to the Agreement and for the training of employees with regard to data practices. C. Parties agree to permit client families to consider the benefits of maintaining their privacy against the benefits of permitting disclosure of information in order to expedite the receipt of services and enable coordination among providers. D. Parties agree to present a clear written or verbal ▇▇▇▇▇▇▇▇▇ Warning, as provided in Minn. Stat., Sect 13.04, Subd. 2, to a client prior to asking the client to provide private or confidential information about her/himself or her/his minor children. Such notice describes what uses will be made of the information and the identity of other persons and entities authorized to receive the information from the collecting agency. Parties further agree that any employee or volunteer who issues a verbal ▇▇▇▇▇▇▇▇▇ Warning shall, as a general practice, make note of such issuance in the receiver's case file. Parties further agree that Collaborative entities shall obtain the client's signature on a written ▇▇▇▇▇▇▇▇▇ Warning at the first face-to-face meeting following issuance of a verbal ▇▇▇▇▇▇▇▇▇ Warning. E. In instances when Collaborative entities need to use or disseminate client data in a manner different from that described to the client in the ▇▇▇▇▇▇▇▇▇ Warning, the Parties shall obtain the written informed consent of the subjects of the data. The test for such need shall be whether the information sharing would result in a clear benefit to the child or family. Information sharing solely for the convenience of the Collaborative or its Parties shall not be deemed necessary. An exception to the "written informed consent" rule shall be made where immediate concerns exist regarding the safety or health of a child, such as a medical or child protection emergency. Parties further agree to promote information-sharing practices among employees that are consistent with the Collaborative service philosophy, namely that obtaining a family's informed consent is fundamental to maintaining a parent-professional partnership. Parties further agree that maintaining such parent-professional partnerships minimizes the risk of claims arising from the use or exchange of information on families. Parties further agree to use a consent form that specifies: • Which agency is authorized to release data about the subject; • The nature of the information to be disclosed; • The persons or agencies to whom the subject is authorizing disclosure; • The purposes for which the information may be used by any of the receiving parties; and • The expiration date of the consent agreement which may not be more than one year. F. Parties who are political subdivisions may execute contracts with non-governmental parties and with service providers in order to provide for the exchange of private data on individuals. Contracts shall be in consideration of more efficient coordination of services to mutual clients. Contracts shall be consistent with all provision of this section and with the Minnesota Government Data Practices Act. G. Parties agree to restrict client data access to only individuals whose work assignments reasonably require access and, then, permit access only to specific records required to perform those assignments. Parties further agree that judgement about which individuals have the need to see information shall be made by the Collaborative Administrator in conjunction with a designated individual from any Party that is asked to release private data on individuals. Parties further agree that access to all electronic records on individuals by any and all staff shall be restricted by way of individual passwords, which permit access consistent with this paragraph. H. The Parties understand and agree that pursuant to federal law, a school district may not, as a general rule, release any information about a student to anyone else, including other members of a Collaborative, unless the parent (or student if the student is 18 years of age) has consented to the release. Parties further agree to ensure than any information about a minor that the minor shared with any Collaborative entity on the condition that it be restricted from access by the minor's parents, in accordance with M.S. Sect. 13.02, Subd. 8, shall not be shared with any other Collaborative entity where the possibility exists that such information could be entered into the minor's educational record and thus, according to federal law, become accessible to the minor's parents without exception. I. The Parties understand and agree that an agency that is subject to the Data Practices Act but is not a county social service agency, a public health agency, or a school district does not need the client's informed consent to release client data to another individual within the agency who has been identified by the agency as needing the data in order to do his/her job. However, as a general rule, such agencies must obtain informed consent in order to release data to agencies outside of the Collaborative. J. The Parties understand and agree that a Collaborative member who is not subject to the Data Practices Act may collect and use client data as permitted by the laws, codes of professional conduct, ethical standards, and by-laws applicable to the agency. However, the Parties agree that the data practices of such agencies with regard to children and families served by the Collaborative shall conform to the provisions of this Section and be consistent with commitments and promises made to clients. K. The Parties agree to provide training to pertinent staff and managers on the requirements of state and federal data practices law, on the provisions of this section, and on the data practices adopted by the Collaborative.

Data Practices and Procedures. A. All Parties agree to establish data practices that conform to state and federal statutes and rules regulating data, particularly the collection, creation, receipt, maintenance, or dissemination of private data on individuals as defined and regulated by the Minnesota Government Data Practices Act, Minnesota Statutes, Sect. Chapter 13, and or any other applicable state or federal laws. Parties further agree to establish practices for student data that conform to the federal Family Education Rights and Privacy Act of 1974 (FERPA). Such data practices shall, at minimum, include the provisions defined below in Sect 8.B. through 8.K. B. The Parties designate the Collaborative Administrator as the Responsible Authority pursuant to the Minnesota Government Data Practices Act, as the individual responsible for the collection, reception, maintenance, dissemination, and use of any data on individuals; pursuant to the Agreement and for the training of employees with regard to data practices. C. Parties agree to permit client families to consider the benefits of maintaining their privacy against the benefits of permitting disclosure of information in order to expedite the receipt of services and enable coordination among providers. D. Parties agree to present a clear written or verbal ▇▇▇▇▇▇▇▇▇ Warning, as provided in Minn. Stat., Sect Chapter 13.04, Subd. 2, to a client prior to asking the client to provide private or confidential information about her/himself or her/his minor children. Such notice describes what uses will be made of the information and the identity of other persons and entities authorized to receive the information from the collecting agency. Parties further agree that any employee or volunteer who issues a verbal ▇▇▇▇▇▇▇▇▇ Warning shall, as a general practice, make note of such issuance in the receiver's case file. Parties further agree that Collaborative entities shall obtain the client's signature on a written ▇▇▇▇▇▇▇▇▇ Warning at the first face-to-face meeting following issuance of a verbal ▇▇▇▇▇▇▇▇▇ Warning. E. In instances when Collaborative entities need to use or disseminate client data in a manner different from that described to the client in the ▇▇▇▇▇▇▇▇▇ Warning, the Parties shall obtain the written informed consent of the subjects of the data. The test for such need shall be whether the information sharing would result in a clear benefit to the child or family. Information sharing solely for the convenience of the Collaborative or its Parties shall not be deemed necessary. An exception to the "written informed consent" rule shall be made where immediate concerns exist regarding the safety or health of a child, such as a medical or child protection emergency. Parties further agree to promote information-sharing practices among employees that are consistent with the Collaborative service philosophy, namely that obtaining a family's informed consent is fundamental to maintaining a parent-professional partnership. Parties further agree that maintaining such parent-professional partnerships minimizes the risk of claims arising from the use or exchange of information on families. Parties further agree to use a consent form that specifies: • Which agency is authorized to release data about the subject; • The nature of the information to be disclosed; • The persons or agencies to whom the subject is authorizing disclosure; • The purposes for which the information may be used by any of the receiving parties; and • The expiration date of the consent agreement which may not be more than one year. F. Parties who are political subdivisions may execute contracts with non-governmental parties and with service providers in order to provide for the exchange of private data on individuals. Contracts shall be in consideration of more efficient coordination of services to mutual clients. Contracts shall be consistent with all provision of this section and with the Minnesota Government Data Practices Act. G. Parties agree to restrict client data access to only individuals whose work assignments reasonably require access and, then, permit access only to specific records required to perform those assignments. Parties further agree that judgement about which individuals have the need to see information shall be made by the Collaborative Administrator in conjunction with a designated individual from any Party that is asked to release private data on individuals. Parties further agree that access to all electronic records on individuals by any and all staff shall be restricted by way of individual passwords, which permit access consistent with this paragraph. H. The Parties understand and agree that pursuant to federal law, a school district may not, as a general rule, release any information about a student to anyone else, including other members of a Collaborative, unless the parent (or student if the student is 18 years of age) has consented to the release. Parties further agree to ensure than any information about a minor that the minor shared with any Collaborative entity on the condition that it be restricted from access by the minor's parents, in accordance with M.S. Sect. M.S Chapter 13.02, Subd. 8, shall not be shared with any other Collaborative entity where the possibility exists that such information could be entered into the minor's educational record and thus, according to federal law, become accessible to the minor's parents without exception. I. The Parties understand and agree that an agency that is subject to the Data Practices Act but is not a county social service agency, a public health agency, or a school district does not need the client's informed consent to release client data to another individual within the agency who has been identified by the agency as needing the data in order to do his/her job. However, as a general rule, such agencies must obtain informed consent in order to release data to agencies outside of the Collaborative. J. The Parties understand and agree that a Collaborative member who is not subject to the Data Practices Act may collect and use client data as permitted by the laws, codes of professional conduct, ethical standards, and by-laws applicable to the agency. However, the Parties agree that the data practices of such agencies with regard to children and families served by the Collaborative shall conform to the provisions of this Section and be consistent with commitments and promises made to clients. K. The Parties agree to provide training to pertinent staff and managers on the requirements of state and federal data practices law, on the provisions of this section, and on the data practices adopted by the Collaborative.

Data Practices and Procedures. A. All Parties parties agree to establish implement data practices that conform to state and federal statutes and rules regulating data, particularly the collection, creation, receipt, maintenance, or dissemination of private data on individuals as defined and regulated by the Minnesota Government Data Practices Act, Minnesota Statutes, Sect. Statutes Chapter 13, and or any other applicable state or federal laws. Information sharing among Collaborative Partners must conform to MN Statute Section 124D.23 Subd. 5. Parties further agree to establish practices for student data that conform to the federal Family Education Rights and Privacy Act of 1974 (FERPA). Such data practices shall, at minimum, include the provisions defined below in Sect Section 8.B. through 8.K. B. The Collaborative may collect non-identifying data from its partners in order to evaluate the use of Collaborative funds. C. The Parties designate the Collaborative Administrator Coordinator as the Responsible Authority pursuant to the Minnesota Government Data Practices Act, as the individual responsible for the collection, reception, maintenance, dissemination, and use of any data on individuals; pursuant to the Agreement and for the training of employees with regard to data practices. C. D. Parties agree to permit client families to consider the benefits of maintaining their privacy against the benefits of permitting disclosure of information in order to expedite the receipt of services and enable coordination among providers. D. E. Parties agree to present a clear written or verbal ▇▇▇▇▇▇▇▇▇ Warning, as provided in Minn. Stat.Minnesota Statutes, Sect Section 13.04, Subd. 2, to a client prior to asking the client to provide private or confidential information about her/himself or her/his minor children. Such notice describes what uses will be made of the information and the identity of other persons and entities authorized to receive the information from the collecting agency. . F. Parties further agree that any employee or volunteer who issues a verbal ▇▇▇▇▇▇▇▇▇ Warning shall, as a general practice, make note of such issuance in the receiver's case file. Parties further agree that Collaborative entities shall obtain the client's signature on a written ▇▇▇▇▇▇▇▇▇ Warning at the first face-to-face meeting following issuance of a verbal ▇▇▇▇▇▇▇▇▇ Warning. E. G. In instances when Collaborative entities need to use or disseminate client data in a manner different from that described to the client in the ▇▇▇▇▇▇▇▇▇ Warning, the Parties shall obtain the written informed consent of the subjects of the data. The test for such need shall be whether the information sharing would result in a clear benefit to the child or family. Information sharing solely for the convenience of the Collaborative or its Parties shall not be deemed necessary. An exception to the "written informed consent" rule shall be made where immediate concerns exist regarding the safety or health of a child, such as a medical or child protection emergency. Parties further agree to promote information-sharing practices among employees that are consistent with the Collaborative service philosophy, namely that obtaining a family's informed consent is fundamental to maintaining a parent-professional partnership. Parties further agree that maintaining such parent-professional partnerships minimizes the risk of claims arising from the use or exchange of information on families. . H. Parties further agree to use a consent form that specifies: • Which agency is authorized to release data about the subject; • The nature of the information to be disclosed; • The persons or agencies to whom the subject is authorizing disclosure; • The purposes for which the information may be used by any of the receiving parties; and • The expiration date of the consent agreement which may not be more than one year. F. I. Parties who are political subdivisions may execute contracts with non-governmental nongovernmental parties and with service providers in order to provide for the exchange of private data on individuals. Contracts shall be in consideration of more efficient coordination of services to mutual clients. Contracts shall be consistent with all provision of this section and with the Minnesota Government Data Practices Act. G. J. Parties agree to restrict client data access to only individuals whose work assignments reasonably require access and, then, permit access only to specific records required to perform those assignments. Parties further agree that judgement about which individuals have the need to see information shall be made by the Collaborative Administrator Coordinator in conjunction with a designated individual from any Party that is asked to release private data on individuals. Parties further agree that access to all electronic records on individuals by any and all staff shall be restricted by way of individual passwords, which permit access consistent with this paragraph. H. K. The Parties understand and agree that pursuant to federal law, a school district may not, as a general rule, release any information about a student to anyone else, including other members of a Collaborative, unless the parent (or student if the student is 18 years of age) has consented to the release. Parties further agree to ensure than any information about a minor that the minor shared with any Collaborative entity on the condition that it be restricted from access by the minor's parents, in accordance with M.S. Sect. Minnesota Statutes Section 13.02, Subd. 8, shall not be shared with any other Collaborative entity where the possibility exists that such information could be entered into the minor's educational record and thus, according to federal law, become accessible to the minor's parents without exception. I. L. The Parties understand and agree that an agency that is subject to the Data Practices Act but is not a county social service agency, a public health agency, or a school district does not need the client's informed consent to release client data to another individual within the agency who has been identified by the agency as needing the data in order to do his/her job. However, as a general rule, such agencies must obtain informed consent in order to release data to agencies outside of the Collaborative. J. M. The Parties understand and agree that a Collaborative member who is not subject to the Data Practices Act may collect and use client data as permitted by the laws, codes of professional conduct, ethical standards, and by-laws applicable to the agency. However, the Parties agree that the data practices of such agencies with regard to children and families served by the Collaborative shall conform to the provisions of this Section and be consistent with commitments and promises made to clients. K. N. The Parties agree to provide training to pertinent staff and managers on the requirements of state and federal data practices law, on the provisions of this section, and on the data practices adopted by the Collaborative.