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03-13-23-R
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03-13-23-R
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SWIFT Contract # 223957 <br />M N 062021A <br />7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an <br />inventory of the equipment used to access the data covered by this Agreement and the physical location of <br />each. <br />Government Data Practices <br />8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota <br />Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, <br />and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the <br />Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the <br />release of the data referred to in this clause by either the Governmental Unit or the BCA. <br />8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment <br />referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following <br />provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to <br />the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. <br />All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the <br />Governmental Unit comply with the Rules of Public Access for those data received from Court under the <br />Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access <br />to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, <br />may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal <br />law. All parties acknowledge and agree that these applicable restrictions must be followed in the <br />appropriate circumstances. <br />Investigation of Alleged Violations; Sanctions <br />For purposes of this clause, "Individual User" means an employee or contractor of Governmental Unit. <br />9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible <br />prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental <br />Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures <br />referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will <br />inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When <br />Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA <br />subject to any restrictions in applicable law. <br />9.2 Sanctions Involving Only BCA Systems and Tools. <br />The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber <br />Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including <br />those governed by a collective bargaining agreement. <br />9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, <br />Governmental Unit must determine if and when an involved Individual User's access to systems or <br />tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access <br />may be made as soon as alleged violation is discovered, after notice of an alleged violation is <br />received, or after an investigation has occurred. Governmental Unit must report the status of the <br />Individual User's access to BCA without delay. BCA reserves the right to make a different <br />determination concerning an Individual User's access to systems or tools than that made by <br />Governmental Unit and BCA's determination controls. <br />9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools <br />covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools <br />under this Agreement until the failure is remedied to the BCA's satisfaction. If Governmental Unit's <br />failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement <br />immediately. <br />DPS/BCA CJDN JPA_March 2021 <br />
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