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WSP Contract No.TRACS00259
<br />For External Use Only:
<br />6. Confidentiality
<br />Except as set forth herein or otherwise required by law, the use or disclosure by either Party of any
<br />information concerning the other Party for purposes not directly connected with the administration of
<br />responsibilities for the services provided under this Agreement is prohibited. Each Party shall
<br />maintain all information which the other Party specifies in writing as Confidential Information to the
<br />extent consistent with Washington State or federal law. The Agency shall ensure that its employees
<br />and all others with access to the system adhere to this requirement.
<br />6.1 Safeguardin_q of Confidential Information:
<br />Each Party shall not use or disclose Confidential Information in any manner that would constitute a
<br />violation of federal or Washington State law. Each Party agrees to comply with all applicable
<br />federal and state laws and regulations, as currently enacted or revised, regarding Records
<br />security, PII, and electronic interchange of Confidential Information.
<br />Each Party shall protect Confidential Information collected, used, or acquired in connection with this
<br />Agreement, against unauthorized use, disclosure, modification, or loss. Except as otherwise required
<br />by law, each Party shall ensure their directors, officers, employees, subcontractors, or agents use it
<br />- -- only -for the -purposes of accomplishing the services -set _forth in -this -Agreement. Each -Party and all
<br />other Authorized Users with access to the system agree not to release, divulge, publish, transfer, sell,
<br />or otherwise make it known to unauthorized persons. Additional Authorized Users may be added to
<br />the system or may receive Records upon execution of a data sharing agreement between the
<br />Parties, the execution of which shall require WSP advanced approval. Each Party agrees to
<br />implement physical, electronic, and managerial policies, procedures, and safeguards to prevent
<br />unauthorized access, use, or disclosure.
<br />Each Party reserves the right to monitor, audit, or investigate the use of Confidential Information
<br />collected, used, or acquired by the other Party through this Agreement. The monitoring, auditing, or
<br />investigating may include, but is not limited to, "Salting." "Salting" is the act of introducing Records
<br />containing unique but false information that can be used later to identify inappropriate disclosure of
<br />Records.
<br />Each Party shall notify the other Party in writing within 24 hours upon becoming aware of any
<br />unauthorized access, use, or disclosure of Confidential Information. Each Party shall take necessary
<br />steps to mitigate the harmful effects of such use or disclosure. The Party, whose Records have been
<br />subject to any unauthorized access, use, or disclosure, is financially responsible for notification of the
<br />unauthorized access, use, or disclosure. The details of the notification must be approved by both
<br />Parties. The reviewing Party shall approve or provide specific, actionable objections to the proposed
<br />notification within 48 hours of receipt, or approval shall be deemed granted. Each party shall be
<br />responsible for the acts, errors, and omissions of itself and its own officers, employees, and agents
<br />acting within the scope of their authority and within the scope of the performance of this Agreement.
<br />Any unauthorized release of Confidential Information may result in termination of the Agreement,
<br />suspension of on-line access accounts, or the demand for return of all Confidential Information. Each
<br />Party warrants that its agents, employees, Authorized Users, or subcontractors are bound to all
<br />confidentiality and security obligations of this Agreement.
<br />6.2 Release of Records to State Agencies
<br />The WSP may release Records to the WTSC for carrying out the purpose, powers, and duties of
<br />the WTSC as defined in RCW 43.59, The WSP may release records to other state agencies with
<br />an authorized purpose for receiving records upon request. The WSP will maintain Records sharing
<br />agreements with external agencies receiving records governed by this Agreement.
<br />6.3 Release of Records for Human Subjects Research
<br />Release of Confidential Information for human subject research shall comply with state and federal
<br />human research review processes, as implemented by the Washington State Institutional Review
<br />Board.
<br />TraCS Data Sharing Agreement Approved by AGO 02/04/2026 Page 3 of 14
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