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h Special Terms and Conditions (2) When being transported outside of a Secure Area, Portable Devices and Portable Media with DSHS Confidential lnformation must be under the physical control of Contractor statf with authorization to access the Data, even if the Data is encrypted. Data stored for backup purposes. (1) DSHS Confidential lnformation may be stored on Portable Media as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. Such storage is authorized until such time as that media would be reused during the course of normal backup operations. lf backup media is retired while DSHS Confidential lnformation still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements below in Section 8 Data Disposition, (2) Data may be stored on non-portable media (e.g. Storage Area Network drives, virtual media, etc.) as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. lf so, such media will be protected as otherwise described in inis exhibit. lf this media is retired while DSHS Confidential lnformation stillexists upon it, the data will be destroyed at that time in accordance with the disposition requirements below in Section I Data Disposition Gloud storage. DSHS Confidential lnformation requires protections equal to or greater than those specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor the Contractor has control of the environment in which the Data is stored. For this reason: (1) DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following conditions are met: (a) Contractor has written procedures in place governing use of the Cloud storage and Contractor attest to the contact listed in the contract and keep a copy of that attestation for your records in writing that all such procedures will be uniformly followed. (b)The Data will be Encrypted while within the Contractor network. (c) The Data will remain Encrypted during transmission to the Cloud. (d) The Data will remain Encrypted at all times while residing within the Cloud storage solution. (e) The Contractor will possess a decryption key for the Data, and the decryption key will be possessed only by the Contractor. 1fl The Data will not be downloaded to non-authorized systems, meaning systems that are not on the contractor network (g) The Data will not be decrypted until downloaded onto a computer within the control of an Authorized user and within either the DSHS or contractor's network. (2) Data will not be stored on an Enterprise Cloud storage solution unless either: (a) The Cloud storage provider is treated as any other Sub-Contractor, and agrees in writing to all of the requirements within this exhibit; or, (b) The Cloud storage solution used is HIPAA compliant. L DSHS Central Contract Services 1 769CS County Agreement 06-08-2021 Page 23