Freedom of Information and Transparency The Supplier acknowledges that the Authority and Other Contracting Bodies are subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and co-operate with the Authority and the Other Contracting Bodies to enable the Authority and Other Contracting Bodies to comply with their Information disclosure obligations in relation to this Framework Agreement and any Call Off Agreements. The Supplier shall: transfer to the Authority and/or the relevant Other Contracting Bodies, as applicable, all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; and provide all necessary assistance reasonably requested by the Authority and/or the Other Contracting Body to enable the Authority and/or the Other Contracting Body to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations. The Authority shall be responsible for determining in absolute its discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations. In no event shall the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Authority. The Supplier acknowledges that (notwithstanding the provisions of this Clause FW-40.) the Authority may, acting in accordance with the Ministry of Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken its views into account; provided always that where Clause FW-40.5.1 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention after any such disclosure. The Supplier acknowledges that the description of information as Commercially Sensitive Information as notified to the Authority prior to the Commencement Date is of an indicative nature only and that the Authority and Other Contracting Body may be obliged to disclose the Commercially Sensitive Information in accordance with this Clause FW-40.. Subject to any information which is exempt from disclosure under the FOIA and notwithstanding any other term of this Framework Agreement or the Call Off Agreement, the Supplier agrees that the contents of the Framework Agreement and the Call Off Agreement are not Confidential Information and the Supplier hereby gives his consent for the Authority to publish this Framework Agreement and for the Contracting Body to publish the Call Off Agreement in their entirety including from time to time agreed changes to this Framework Agreement and/or the Call Off Agreement, to the general public.
DATA PROTECTION AND FREEDOM OF INFORMATION 7.1. Each party will:-
Freedom of Information and Protection of Privacy a. The Chair and the Minister acknowledge that the Agency is bound to follow the requirements set out in the Freedom of Information and Protection of Privacy Act (FIPPA) in relation to the collection, retention, security, use, distribution and disposal of records.
Freedom of Information Act Provider acknowledges that this Agreement and all documents submitted to the Board related to this contract are a matter of public record and are subject to the Illinois Freedom of Information Act (5 ILCS 140/1) and any other comparable state and federal laws and that this Agreement is subject to reporting requirements under 105 ILCS 5/10-20.44. Provider further acknowledges that this Agreement shall be posted on the Board’s website at xxx.xxx.xxx.
Data Protection and Privacy:
Protected Health Information Party shall maintain the privacy and security of all individually identifiable health information acquired by or provided to it as a part of the performance of this Agreement. Party shall follow federal and state law relating to privacy and security of individually identifiable health information as applicable, including the Health Insurance Portability and Accountability Act (HIPAA) and its federal regulations.
Data Protection All personal data contained in the agreement shall be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the EU institutions and bodies and on the free movement of such data. Such data shall be processed solely in connection with the implementation and follow-up of the agreement by the sending institution, the National Agency and the European Commission, without prejudice to the possibility of passing the data to the bodies responsible for inspection and audit in accordance with EU legislation (Court of Auditors or European Antifraud Office (XXXX)). The participant may, on written request, gain access to his personal data and correct any information that is inaccurate or incomplete. He/she should address any questions regarding the processing of his/her personal data to the sending institution and/or the National Agency. The participant may lodge a complaint against the processing of his personal data with the [national supervising body for data protection] with regard to the use of these data by the sending institution, the National Agency, or to the European Data Protection Supervisor with regard to the use of the data by the European Commission.
