Common use of Information and Data Sharing Clause in Contracts

Information and Data Sharing. Consistent with each Agency’s statutory functions, EPA and CSB will coordinate their fact- finding efforts. Each Agency’s representatives may discuss and share factual data pertaining to an incident with one another and with other investigatory agencies, in conformance with the requirements for protection of confidential business and enforcement-sensitive information. The CSB is an independent, non-enforcement agency. To ensure that during the conduct of an investigation the CSB is not perceived as an extension of a state or federal enforcement investigation, the CSB will not participate in compliance and enforcement activities conducted by other agencies. To avoid duplicative efforts, interviews of witnesses and requests for documents will be conducted or requested jointly as often as possible; the CSB, EPA, the company, or person(s) involved in the investigation may request to proceed separately. Other than when a criminal investigation or emergency response is being conducted as outlined above, each Agency will be responsible for the public release of its documents and for maintaining the information that it has collected. Each Agency will respond to requests it receives for disclosure of material, including requests under the Freedom of Information Act (FOIA), and will coordinate with the other Agency as necessary.