Common use of Confidentiality, Use and Disclosure Clause in Contracts

Confidentiality, Use and Disclosure. 8.1 Canada and British Columbia undertake to use their best efforts to fully maintain and protect the confidentiality of the personal information they receive under this Annex. 8.2 Subject to sections 8.3 and 8.4, Canada and British Columbia shall not, in respect of any personal information they obtain from each other under this Annex: (a) use that information for a purpose other than that for which it was respectively provided to them; and (b) disclose that information to any person or body for a purpose other than that for which it was respectively provided to them. 8.3 Canada and British Columbia may use personal information they obtain from each other under this Annex for a purpose other than that for which it was obtained: (a) with the written consent of the individual to whom that information relates; (b) if authorized by legislation, with the written consent of the party that provided the information; or (c) if required by legislation. 8.4 Canada and British Columbia may disclose personal information they obtain from each other under this Annex to any person or body for any purpose: (a) with the writtenconsent of the individual to whom that information relates; (b) in a form that cannot reasonably be expected to identify the individual to whom that information relates; or (c) if required by legislation. 8.5 Unless otherwise required by law or authorized in writing by the other party and subject to section 8.2, a party shall not disclose any personal information, obtained from the other party under this Annex, to a third party for a purpose authorized herein unless there is a written agreement between that party and the third party imposing upon the third party obligations that are the same as those imposed upon that party under this Annex with respect to the protection of this information. 8.5.1 For the purpose of section 8.5, a “third party” does not include Shared Services Canada, a department of the Government of Canada established under section 4 of the Shared Services Canada Act, S.C. 2012, c. 19, s.117, responsible for the provision of information technology (IT) infrastructure services to Canada, that may include e-mail, data center (servers) and network services. 8.6 British Columbia acknowledges that it is an offence under section 42 of the DESD Act for anyone to knowingly make available information that is privileged thereunder or to knowingly use or allow such information to be used otherwise than in accordance with that Act. British Columbia acknowledges that this provision applies to employees of British Columbia and third parties to whom the information is disclosed. 8.7 In the event of a request under Canada’s Access to Information Act or Privacy Act for personal information obtained from British Columbia under this Annex, Canada agrees to consult, when required, with British Columbia prior to any disclosure of such information. In the event of a request under British Columbia’s Freedom of Information and Protection of Privacy Act for information obtained from Canada under this Annex, British Columbia agrees to consult, when required, with Canada prior to any disclosure of such information. No consultation obligation referred to in this section will be construed as limiting any legal duty in respect of any disclosure referred to in this section.

Confidentiality, Use and Disclosure. 8.1 Canada and British Columbia undertake to use their best efforts to fully maintain and protect the confidentiality of the personal information they receive under this Annex. 8.2 Subject to sections 8.3 and 8.4, Canada and British Columbia shall not, in respect of any personal information they obtain from each other under this Annex: (a) use that information for a purpose other than that for which it was respectively provided to them; and (b) disclose that information to any person or body for a purpose other than that for which it was respectively provided to them. 8.3 Canada and British Columbia may use personal information they obtain from each other under this Annex for a purpose other than that for which it was obtained: (a) with the written consent of the individual to whom that information relates; (b) if authorized by legislation, with the written consent of the party that provided the information; or (c) if required by legislation. 8.4 Canada and British Columbia may disclose personal information they obtain from each other under this Annex to any person or body for any purpose: (a) with the writtenconsent of the individual to whom that information relates; (b) in a form that cannot reasonably be expected to identify the individual to whom that information relates; or (c) if required by legislation. 8.5 Unless otherwise required by law or authorized in writing by the other party and subject to section 8.2, a party shall not disclose any personal information, obtained from the other party under this Annex▇▇▇▇▇, to a third party for a purpose authorized herein unless there is a written agreement between that party and the third party imposing upon the third party obligations that are the same as those imposed upon that party under this Annex with respect to the protection of this information. 8.5.1 For the purpose of section 8.5, a “third party” does not include Shared Services Canada, a department of the Government of Canada established under section 4 of the Shared Services Canada Act, S.C. 2012, c. 19, s.117, responsible for the provision of information technology (IT) infrastructure services to Canada, that may include e-mail, data center (servers) and network services. 8.6 British Columbia acknowledges that it is an offence under section 42 of the DESD Act for anyone to knowingly make available information that is privileged thereunder or to knowingly use or allow such information to be used otherwise than in accordance with that Act. British Columbia acknowledges that this provision applies to employees of British Columbia and third parties to whom the information is disclosed. 8.7 In the event of a request under Canada’s Access to Information Act or Privacy Act for personal information obtained from British Columbia under this Annex, Canada agrees to consult, when required, with British Columbia prior to any disclosure of such information. In the event of a request under British Columbia’s Freedom of Information and Protection of Privacy Act for information obtained from Canada under this Annex, British Columbia agrees to consult, when required, with Canada prior to any disclosure of such information. No consultation obligation referred to in this section will be construed as limiting any legal duty in respect of any disclosure referred to in this section.