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HomeMy WebLinkAboutJoint Confidentiality - City of Oshkosh & Winnebago County 4.1.2025JOINT CONFIDENTIALITY AGREEMENT THIS JOINT CONFIDENTIALITY AGREEMENT (this "Agreement") is made and entered into as of April 1, 2025, between the City of Oshkosh, Wisconsin (the "City") and Winnebago County, Wisconsin (the "County"). 1. Purpose. Both the County and City may possess "personal information" of certain "judicial officers" which is subject to a "written request" (each as defined in the hereinafter defined Act) which is protected under Wis. Stat. §§ 59.43(lr) and 757.07 (collectively, the "Act"). This Agreement is a "confidentiality agreement" within the meaning of the Act by which both the County and the City are permitted to provide access to such personal information to each other. The agency producing the record under this Agreement shall hereinafter be referred to as the "Producing Government Agency" and the agency receiving the record under this Agreement shall hereinafter be referred to as the "Recipient Government Agency." In compliance with the Act, the Producing Government Agency desires to provide access to information which may contain personal information of a judicial officer that is subject to a written request under the Act to the Recipient Government Agency and the Producing Government Agency requires the Recipient Government Agency to treat such personal information as confidential. 2. "Confidential Information" means any personal information of a judicial officer that is subject to a written request under the Act and disclosed by the Producing Government Agency to the Recipient Government Agency, either directly or indirectly, in writing or by inspection of tangible objects (including without limitation documents, records, permits, back end website access, technical data, trade secrets, services, processes, designs, drawings, and/or financial information) 3. Non-use and Non -disclosure. Recipient Government Agency agrees not to disclose any Confidential Information to third parties or to Recipient Government Agency's employees, except to those employees of the Recipient Government Agency who are required to have the information for a legitimate governmental purpose. 4. Maintenance of Confidentiality. (a) The Producing Government Agency shall timely notify the Recipient Government Agency of any written request that requires information to be deemed as "Confidential Information" under this Agreement. As part of the notification, the Producing Government Agency shall identify the date of the written request and also shall identify the personal information that the judicial officer has requested be protected under Wis. Stat. § 757.07. Notification to the City shall be provided in writing, either by mail or e-mail, to its Manager of Information Technology Division (currently Tony Neumann, tneumann@oshkoshwi.gov). Notification to the County shall be provided to its County Clerk, Julie Barthels. (b) Upon notification under Section 4(a), the Recipient Government Agency shall not use and/or disclose Confidential Information in any manner that may violate applicable laws and regulations, including, without limitation, the Act. (c) Upon notification under Section 4(a), the Recipient Government Agency shall implement safeguards to limit who has access, use, and/or the ability to disclose Confidential Information. (d) The Recipient Government Agency shall report to the Producing Government Agency within 24 hours of the Recipient Government Agency becoming aware of any use and/or disclosure of or of any other provision. This Agreement may not be amended, nor any obligation waived, except by a writing signed by both parties hereto. The undersigned represent that they have the authority to enter into this Agreement on behalf of the person or entity listed above their names. Winn . C. ity Wi o in City of ikosh. Wisconsin By: By: (sign Wire) (signature) Gordon Hintz Rebecca Grill Title: County Executi Title: City Manager -3-