Exhibit C - 2024 State of New Jersey IV-D Agency Child Support Data User and Confidentiality Agreement~1.pdf

Department of Human Services Division of Family Development Office of Child Support Services

2024 Child Support Data User Agreement 1

2024 State of New Jersey IV-D Agency Child Support Data User and Confidentiality Agreement

I, ___________________________________________________, acknowledge that in the course of my job duties, I have been granted access to child support program data and/or personally identifying information (PII) by the Office of Child Support Services (OCSS) via NJKiDS, CLEAR, the IV-D portal or other comparable method.

I acknowledge that child support program data and personally identifying information contains confidential, classified and/or Federal Tax Information (FTI) data obtained from a variety of sources such as Federal Parent Locator Services (FPLS) and the Internal Revenue Services (IRS).

I understand that:

1. Federal Tax Information (FTI), or return information, means a taxpayer’s identity, source of income, credits, assets, net worth, or any other information provided directly by the IRS to the child support program. Ref. 26 USC §6103.

2. Classified refers to Federal Parent Locator Service (FPLS) information which consists of the National Directory of New Hires, Debtor File and the Federal Case Registry (FCR).

Ref. 42 U.S.C §653.

3. Confidential information means any information from any source relating to a specified individual, a child support case or an individual who can be identified by reference to one or more factors specific to him or her, including but not limited to the individual’s Social Security number, residential and mailing addresses, employment information, and financial information. Ref. 45 CFR 303.21(a).

4. Personally identifying information (PII) is any information about an individual maintained by an agency, including (1) any information that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and (2) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. Ref. GAO Report 08-536, Privacy: Alternatives Exist for Enhancing Protection of Personally Identifiable Information, May 2008.

I agree to comply with and be bound by any and all applicable Federal and State statutes, regulations, policies and procedures relating to FTI, FPLS, classified data, confidential data, PII, safeguarding, data security training and incident reporting including but not limited to:

• 42 U.S.C. 654a Automated Data Processing

• 42 U.S.C. 663 Use of Federal Parent Locator Service in connection with the enforcement or determination of child custody and in cases of parental kidnapping of a child

• Internal Revenue Code sections 6103, 7213A and 7431

• 45 CFR 164.512

26DPP01287

T2314 - NJKiDS Application Maintenance and Support for NJ ACSES

Office of Child Support Services

2024 Child Support Data User Agreement 2

• Data Security Manual: Confidential, Classified, Federal Tax Information and Family Violence Safeguards, Protocols and Exceptions

• N.J.A.C. 10:110 et seq.

• N.J.S.A. 2A:17-56.1 et seq.

• N.J.S.A. 56:8-163: Disclosure of breach of security to customers

• N.J. Ct. R. 1:38. Public Access to Court Records and Administrative Records

• OCSS Action Transmittal #15-21, Revised Third Party Authorization SOP

• OCSS Child Support Data Security Policy

I specifically agree that:

• I shall not disclose any child support program information or PII to any party not authorized to receive said information by any means such as orally, in writing or electronically. This includes transmitting any client or case information (other than the Child Support number/CS#) or NJKiDS screen shots in a report or contents of an e-mail.

• I shall not fax, email, scan or upload FTI.

• I shall not share or allow use of any of my log-on IDs or user passwords by any other person.

• I shall not access NJKiDS offshore—outside of the United States territories, embassies or military installations.

• I shall not access nor disclose any child support program information or PII on any system to which I have been granted access pertaining to any individual with whom I am familiar with or related to such as myself, a relative by blood or marriage, personal acquaintance, business acquaintance, friend, current/former partner, peer, co-worker, colleague or supervisor in an open or closed case.

• Relative shall include all members of the employee’s household, as well as the following, whether related to the employee by blood, marriage or adoption: spouse or the substantial equivalent; child; foster child; brother; sister; parent; grandparent;

grandchild; father-in-law; mother-in-law; sister-in-law; brother-in-law; son-in-law;

daughter-in-law; stepfather; stepmother; stepson; stepdaughter; stepbrother;

stepsister; half-brother; half-sister; nephew; niece; aunt; uncle; children of aunt or uncle.

• If I am a party to, have a relative involved with or personal relationship with a party to a case on NJKiDS, I have informed my manager or supervisor of same and requested system restriction(s) from said case(s).

26DPP01287

2024 Child Support Data User Agreement 3

• If I become a party to, or learn that a relative has become involved with, or if, in the future, I discover that I have a personal relationship with a party to a case on NJKiDS, I will inform my manager or supervisor, in writing, of same and I will request systems restriction(s) of my access from said case(s).

• If I am a manager or supervisor, I have affirmatively advised, and/or will advise, any and all of my employees that I supervise that they are required to inform me whether they are a party to, have a relative or personal relationship with a party to a case on NJKiDS.

• If I am a manager or supervisor and have been informed, or if I am informed as such in the future, that an employee is a party to, has a relative or personal relationship with a party to a case in NJKiDS, I have restricted the employee’s access from said case(s).

• I shall not remove any child support program information or PII from the workplace unless specifically authorized by the IV-D agency.

• I shall not save, duplicate or reproduce any child support program information

(including FTI) or PII by any means such as in writing, photocopy, photography, videotape, audiotape, electronic, Universal Serial Bus (USB) on local server(s) or other portable device.

• I will not enter or upload any child support program information into an internet locate database or Artificial Intelligence (AI) tool (such as an AILM tool, including but not limited to ChatGPT, Bard, and Harvey).

• I shall adhere to all policies and procedures regarding safeguarding of FTI and classified data as applicable including its labeling and logging for printing, storing, securing, movement and destruction.

• I shall adhere to all policies and procedures pertaining to safeguarding, handling and of equipment and hardware issued for child support use.

• I shall adhere to all Incident Reporting protocols with respect to known or suspected breaches of child support program information, PII data or mistaken identity and that possible improper inspection or disclosure of FTI must be reported to OCSS and the IRS Office of Safeguards.

• I shall adhere to all policies and procedures pertaining to Third Party Authorization when receiving requests for the release of child support case information to an authorized individual or agency.

• I shall adhere to additional security procedures for family and domestic violence cases.

2024 Child Support Data User Agreement 4

• If I am a manager supervisor with an employee who has access to any child support program information or personally identifying information (PII) via NJKiDS, CLEAR, web portal or other comparable method and said employee subsequently leaves their related employment or work assignment, I shall notify the NJKiDS Help Desk so that their access may be end-dated as appropriate.

I understand that my individual agency or organization may have additional requirements, codes of conduct or ethics to which I must also adhere independent of this Agreement.

I acknowledge that any unauthorized or improper inspection, access, use, misuse, modification, disclosure or release of FTI, FPLS, classified, confidential information or personally identifying information constitutes a data breach in violation of this Agreement and must be reported immediately to OCSS. I understand that usage of these systems is subject to monitoring and that I am expressly consenting to such monitoring. I understand that a violation is willful when it is done voluntarily and intentionally with full knowledge that it is wrong. I further acknowledge that a willful violation may subject me to disciplinary action, up to and including termination of employment. A violation with respect to a taxpayer may also result in civil or criminal penalties, including but not limited to, penalties set forth under Internal Revenue Code sections 7213, 7213a, 7431, 18 USC 1030 and/or 42 U.S.C. 3120d.

I agree to be bound by the above requirements. I acknowledge that this agreement is only applicable for a year from the date of signing and that due to the sensitive nature of child support data and PII, I will be bound indefinitely by this agreement, even after my departure from my employment or work assignment.

Printed Name

Agency/Position

Signature

Date