DOR_ATT_C_CONTRACTOR_CONFIDENTIALITY_AGREE.doc

ATTACHMENT C

CONTRACTOR EMPLOYEE CONFIDENTIALITY AGREEMENT

RFQ # 06-01

I, ______________________(“Employee”), a full-time or part-time employee, member, director, officer, partner, agent, consultant, independent contractor and/or subcontractor of ______________________ (the “Contractor”), hereby acknowledge that, in connection with my performance of services for the Contractor under a contract (the “Contract”) with the Massachusetts Department of Revenue (“DOR”), I may acquire or have access to confidential information including, without limitation, tax, wage report, and child support information, as well as “personal data,” as defined in G.L. c. 66A (collectively, the “Information”).

I will at all times maintain the confidentiality of the Information. I will not use the Information for any purpose not outlined in the Contract. I will not, either directly or indirectly, disclose or otherwise make the Information available to any unauthorized person.

I will not inspect or “browse” the Information for any purpose not outlined in the Contract. Furthermore, I will not access, or attempt to access, Information relating to any individual or entity with whom I have a personal or financial relationship, for any reason. This includes neighbors, relatives, friends, ex-spouses, and their employers.

I agree to comply with all laws relating to confidentiality of the Information, including, but not limited to, the following:

G.L. c. 62C, § 21: Prohibits the unauthorized disclosure of return or return information as defined in 830 CMR 62C.21.1. Violation of this statute is punishable by a fine of not more than $1,000 and/or by imprisonment for not more than six months, and by disqualification from holding office in the Commonwealth for a period not exceeding three years.

Internal Revenue Code § 6103: Prohibits the unauthorized disclosure of federal tax returns or return information by employees and former employees of state and IV-D agencies.

Internal Revenue Code § 7213: Makes any unauthorized disclosure of federal tax returns or return information a felony punishable by a fine of up to $5,000 and/or imprisonment for not more than five years, together with the costs of prosecution.

Internal Revenue Code § 7213A: Prohibits the unauthorized willful inspection (“browsing”) of federal tax returns or return information and makes such inspection punishable by a fine of up to $1,000 and/or imprisonment for not more than one year, together with the costs of prosecution.

Internal Revenue Code § 7431: Permits a taxpayer to bring a civil action for damages against any person who inspects or discloses any return or return information in violation of Section 6103.

G.L. c. 62E, § 8: Prohibits the unauthorized disclosure of information obtained from the wage reporting and financial institution match system. Violation of this statute is punishable by a fine of $100 per offense and by administrative discipline.

G.L. c. 66A: Prohibits the unauthorized disclosure of “personal data, as defined in G.L. c. 66A. General Laws chapter 214, section 3B provides for monetary damages and other, non-monetary relief for violation of this statute. Data subjects may also make a claim for damages under the Massachusetts Tort Claims Act if a public employee violates G.L. c. 66A.

G.L. c. 119A, § 5A: Prohibits unauthorized willful inspection (“browsing”) or unauthorized disclosure of child support personal data, including data stored in a computer system or computer files. Any such inspection or disclosure is punishable by a fine of not more than $1,000 with respect to each person concerning whom information has been inspected or disclosed and/or by imprisonment for not more than one year, and by disqualification from holding office in the Commonwealth for a period not exceeding three years. This law also places additional restrictions on the disclosure of location information about a parent or child when the agency is provided with reasonable evidence of a risk of harm.

I agree to self-identify to DOR/CSE if I am, or any member of my immediate family is, a participant in a DOR/CSE child support case. I also acknowledge that I will be restricted from access to my or my immediate family’s personal account for any purpose.

Signed under the pains and penalties of perjury this ___ day of _____, 200_, by the undersigned.

Signature of Employee

Date