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HomeMy WebLinkAbout2633 - Washington State - Agreement - Data Sharing Agreement - 2021 AuditAgency DSA 22-01 INTERAGENCY DATA SHARING AGREEMENT Between And the Office of the Washington State Auditor This Interagency Data Sharing Agreement (DSA) is entered into by and between City of Marysville hereinafter referred to as "Agency", and the Office of the Washington State Auditor, hereinafter referred to as "SAO", pursuant to the authority granted by Chapter 39.34 RCW and 43.09 RCW. Agency Agency Name: Contact Name: Title: Address: Phone: E-mail: SAO Agency Name: Contact Name: Title: Address: Phone: E-mail: City of Marysville Gloria Hirashima Chief Administrative Officer 1049 State Avenue Marysville, WA 98270 (360) 363-8000 ghirashima@marysvillewa.gov Office of the Washington State Auditor Kristina Baylor · Program Manager 15129 Main Street, Suite C 102 Mill Creek, WA 98012 (425) 951-0290 Kristina.Baylor@sao.wa.gov 1. PURPOSE OF THE DSA The purpose of the DSA is to provide the requirements and authorization for the Agency to exchange confidential information with SAO and SAO to share confidential information with the Agency. This agreement is entered into between Agency and SAO to ensure compliance with legal requirements and Executive Directives (Executive Order 16-01, RCW 42.56, and OCIO policy 141, OCIO standard 141.10) in the handling of information considered confidential. 2. DEFINITIONS "Agreement" means this Interagency Data Sharing Agreement, including all documents attached or incorporated by reference. DSA Agreement between.Agency and SAO Agency DSA: 22-01 ORIGINAL Agency DSA 22-01 "Data Transmission" refers to the methods and technologies to be used to move a copy of the data between systems, networks and/ or employee workstations. "Data Storage" refers to the place data is in when at rest. Data can be stored on removable or portable media devices such as a USB drive or SAO managed systems or OCIO/ State approved services or Agency provided Internet facing system. "Data Encryption" refers to enciphering data with a NIST-approved algorithm or cryptographic module using a NIST-approved key length. Encryption must be applied in such a way that it renders data unusable to anyone but the authorized users. "Personal Information" means information defined in RCW 42.56.590(10). The State classifies data into categories based on the sensitivity of the data pursuant to the Security policy and standards promulgated by the Office of the state of Washington Chief Information Officer. The Data that is the subject of this DSA is classified as indicated below: Category I -Public Information Public information is information that can be or currently is released to the public. It does not need protection from unauthorized disclosure, but does need integrity and availability protection controls. Category 2 -Sensitive Information Sensitive information may not be specifically protected from disclosure by law and is for official use only. Sensitive information is generally not released to the public unless specifically requested. Category 3 -Confidential Information Confidential information is information that is specifically protected from disclosure by law. It may include but is not limited to: a. Personal Information about individuals, regardless of how that information is obtained; b. Information concerning employee personnel records; c. Information regarding IT infrastructure and security of computer and telecommunications systems; Category 4 -Confidential Information Requiring Special Handling Confidential information requiring special handling is information that is specifically protected from disclosure by law and for which: a. Especially strict handling requirements are dictated, such as by statutes, regulations, or agreements; b. Serious consequences could arise from unauthorized disclosure, such as threats to health and safety, or legal sanctions. 3. PERIOD OF AGREEMENT This agreement shall begin on July I, 2022, or date of execution, whichever is later, and end on June 30, 2025, unless terminated sooner or extended as provided herein. 4. JUSTIFICATION FOR DAT A SHARING SAO is the auditor of all public accounts in Washington State. SAO's authority is broad and includes both explicit and implicit powers to review records, including confidential records, during the course of an audit or investigation. DSA Agreement between Agency and SAO Agency DSA: 22-01 Agency DSA 22-01 5. DESCRIPTION OF DATA TO BE SHARED The data to be shared includes information and data related to audit results, financial activity, operation and compliance with contractual, state and federal programs, security of computer systems, performance and accountability for agency programs as applicable to the audit(s) performed. Specific data requests will be limited to information needed for SAO audits, investigations and related statutory authorities as identified through auditor requests. 6. DATA TRANSMISSION Transmission of data between Agency and SAO will use a secure method that is commensurate to the sensitivity of the data being transmitted. 7. DA TA STORAGE AND HANDLING REQUIREMENTS Agency and SAO will notify each other if they are providing confidential data. All confidential data provided by Agency will be stored with access limited to the least number of SAO staff needed to complete the purpose of the DSA. 8. INTENDED USE OF DATA The Office of the Washington State Auditor will utilize this data in support of their audits, investigations, and related statutory responsibilities as described in RCW 43.09. 9. CONSTRAINTS ON USE OF DATA The Office of the Washington State Auditor agrees to strictly limit use of information obtained under this Agreement to the purpose of carrying out our audits, investigations and related statutory responsibilities as described in RCW 43.09. 10. SECURITY OF DAT A SAO shall take due care and take reasonable precautions to protect Agency's data from unauthorized physical and electronic access. SAO complies with the requirements of the OCIO 141.10 policies and standards for data security and access controls to ensure the confidentiality, and integrity of all data shared. 11. NON-DISCLOSURE OF DAT A SAO staff shall not disclose, in whole or in part, the confidential data provided by Agency to any individual or agency, unless this Agreement specifically authorizes the disclosure. Confidential data may be disclosed only to persons and entities that have the need to use the data to achieve the stated purposes of this Agreement. In the event of a public disclosure request for the Agency's confidential data, SAO will notify the Agency and give fifteen days' notice so the Agency can seek a protection order in court a. SAO shall not access or use the data for any commercial or personal purpose. b. Any exceptions to these limitations must be approved in writing by Agency. c. The SAO shall ensure that all staff with access to the data described in this Agreement are aware of the use and disclosure requirements of this Agreement and will advise new staff of the provisions of this Agreement. Agency staff shall not disclose, in whole or in part, the confidential data provided by SAO to any individual or agency, unless this Agreement specifically authorizes the disclosure. Confidential data may be disclosed only to persons and entities that have the need to use the data to achieve DSA Agreement between Agency and SAO Agency DSA: 22-01 Agency DSA 22-01 the stated purposes of this Agreement. In the event of a public disclosure request for the SAO's data, Agency shall not disclose SAO's data unless it has provided at least ten business days' notice to SAO that it disagrees with SA'O's determination that the information is exempt from the public records act. The Agency will notify the SAO a. Agency shall not access or use the data for any commercial or personal purpose. b. Any exceptions to these limitations must be approved in writing by SAO. c. The Agency shall ensure that all staff with access to the data described in this Agreement are aware of the use and disclosure requirements of this Agreement and will advise new staff of the provisions of this Agreement. 12. DATA DISPOSAL Upon request by the SAO or Agency, or at the end of the DSA term, or when no longer needed, Confidential Information/Data must be returned or destroyed, except as required to be maintained for compliance or accounting purposes. 13. INCIDENT NOTIFICATION AND RESPONSE The compromise of Confidential Information or reasonable belief that confidential information has been acquired and/or accessed by an unauthorized person that may be a breach that requires timely notice to affected individuals under RCW 42.56.590 or any other applicable breach notification law or rule must be reported to Gloria Hirashima, Chief Administrative Officer. If the Receiving Party does not have full details about the incident, it will report what information it has and provide full details within 15 business days of discovery. To the extent possible, these initial reports must include at least: A. The nature of the unauthorized use or disclosure, including a brief description of what happened, the date of the event(s), and the date of discovery; B. A description of the types of information involved; C. The investigative and remedial actions the Receiving Party or its Subcontractor took or will take to prevent and mitigate harmful effects and protect against recurrence; D. Any details necessary for a determination of whether the incident is a breach that requires notification under RCW 42.56.590, Qr any other applicable breach notification law or rule. E. Any other information SAO or Agency reasonably requests. 14. OVERSIGHT The SAO and Agency agree that they will have the right, at any time with reasonable notice, to monitor, audit, and review activities and methods in implementing this Agreement in order to assure compliance. 15. TERMINATION Either party may terminate this Agreement with 30 days written notice to the other party's Agency Contact named on Page 1. However, once data is accessed by the SAO or Agency, this Agreement is binding as to the confidentiality, use of the data, and disposition of all data received as a result of access, unless otherwise amended by the mutual agreement of both parties. DSA Agreement between Agency and SAO Agency DSA: 22-01 Agency DSA 22-01 16. AWARENESS AND TRAINING SAO and Agency shall ensure that all staff with access to the data shared through this Agreement are aware of the use and disclosure requirements of OCIO 141.10 and RCW 42.56.590. SAO will comply with all state requirements and training regarding handling, storage and transmission of confidential data. 17. DI SPUTE RESOLUTION In the event that a dispute arises under this Agreement, a Dispute Board shall determine resolution in the following manner. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review facts, contract terms, and applicable statutes and rul es and make a determination of the dispute. 18. GOVERNANCE a. The provisions of this lnteragency Data Sharing Agreement are severable. If any provision of this Agreement is held invalid by any court that invalidity shall not affect the other provisions of this lnteragency Data Sharing Agreement and th e invalid provision shall be considered modified to conform to the existing law. b. In the event of a lawsuit involving th is lnteragency Data Sharing Agreement, venue shall be proper only in Thurston County, Washington. 19. SIGNATURES The signatures below indicate agreement between th e parties. Agency Title: Mayor Office of the Washington State Auditor Kristina Baylor June 13, 2022 Signature Date Title: Program Manager DSA Agreement between Agency and SAO Agency DSA: 22-0 I