The SCO has until 1 December 2021 to report on its recommendations on best practices in the areas of data exchange and protection, data exchange contracts and compliance with data protection guidelines. When developing data sharing agreements, local authorities may wish to refer to their data sharing agreement with the Court of Auditors or to one of the online examples listed below: local authorities should start preparing their audits by the Court of Auditors and ensure that they have data sharing agreements in place; if they share Category 3 or 4 data with other authorities. Local governments should begin by assessing their need for data exchange agreements and ensure that these agreements are consistent with the guidelines established by the PO once these policies have been published. Data sharing is an important way to improve the ability of researchers, scientists and policymakers to analyze data and translate it into meaningful reports and knowledge. Data sharing prevents duplication of data collection and encourages diversity of thinking and collaboration, as others are able to use the data to answer questions that the original data collectors may not have considered. A data sharing agreement is a formal contract that clearly documents what data is shared and how the data can be used. Such an agreement has two objectives. First, it protects the organization providing the data and ensures that the data is not misused. Second, it avoids misunderstandings on the part of the data provider and the organization receiving the data by ensuring that all questions about the use of the data are discussed. Prior to the data exchange, the provider and recipient must speak in person or by telephone to discuss data sharing and use issues and to reach a joint agreement, which is then documented in a data exchange agreement.
Ideally, these additional concerns should be addressed in the data-sharing agreement to facilitate clear communication and, if necessary, provide additional safeguards: without strong intellectual property rights to protect data and databases in the United States, data exchange agreements work best when they are an integral part of a broader agreement between research partners. An individual data-sharing agreement is not intended to replace the broader agreement between partners, but to complement and support a specific aspect of the broader agreement. For an in-depth look at the role of a data sharing agreement within a large enterprise between research partners, see Data Sharing: Creating Agreements, Paige Backlund Jarquín MPH, Colorado Clinical and Translational Sciences Institute & Rocky Mountain Prevention Research Center. Many local governments have already had to sign data-sharing agreements with the Court of Auditors as part of their recent audit. The new laws on data exchange agreements do not specify what must be included in the agreements, but only that they must comply with the guidelines on data sharing established by the SCO. Local governments should work with their legal counsel to determine what should be included in data exchange agreements based on their particular circumstances. A data sharing agreement is a formal contract between two or more parties that clearly documents what data is being shared and how the data can be used. Good data can help inform policy development, program development and evaluation, and help organizations identify areas for improvement. Recent actions by the Washington State Legislature now require local governments to enter into data exchange agreements for certain types of data. This blog provides an overview of the invoice with a focus on the types of data involved.
ESSB 5432 entered into force during the latter legislature and obliges certain public bodies to conclude data exchange agreements when exchanging Category 3 or Category 4 data. The new requirement can be found in rcW 39.26.340 (procurement of government agencies) and RCW 39.34.240 (inter-local agreements). Here is a list of the elements that are typically included in a data sharing agreement. While this list may cover the basics, additional concerns may be relevant to a particular dataset or vendor agency. Category 4 data is confidential information that requires special treatment and meets strict requirements under law, regulation or agreement. Examples include data covered by the Health Insurance Portability and Accountability Act (HIPAA) or information that would pose a health threat or legal sanctions. A data sharing agreement is an agreement between a party that has useful data (the discloser) and a party that seeks data for research (the recipient) under which the discloser agrees to share its data with the recipient. This could be two universities willing to share data to collaborate on research, one or more private companies engaged in research or development, and even a government agency working with a private institution.
When exchanging Category 3 and 4 data, agencies must follow encryption standards established by the newly created Office of Cybersecurity (OCS) within the Washington State Office of the Chief Information Officer (OCIO). Several companies offer encrypted file sharing services, such as Azure, SolarWinds, and Citrix FileShare, to name a few. If your agency chooses a file sharing service, it must ensure that this service meets the standards set by the SCO as soon as these standards are published. It is important to recognize that the process of setting up data exchange agreements varies from country to country, as well as the type of data shared and the agencies that share the data. WaTech`s website includes an agency checklist that can be used to determine category levels based on data sensitivity. The most sensitive data is classified in category 4, while data considered ”public information” is classified in category 1. This blog highlights data from categories 3 and 4. Eric Lowell joined MRSC in December 2020 as a financial consultant. He has worked in the field of municipal finance for more than 13 years, including in the municipal administration and for a special purpose district.
Does the MRSC have an overview of the new state laws of the 2020-2021 legislative session that affect local governments? October 21, 2021 by Eric Lowell Category: New Laws and Regulations, Cybersecurity Local governments should review the entire checklist for a full discussion of all categories of data. .
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