Mich. Admin. Code R. 567.11 - Confidentiality
Rule 11.
(1) The
auditor shall ensure that all nonpublic records obtained from the state and the
person subject to examination are confidential records.
(2) Auditors shall not disclose confidential
information obtained during the audit to any person other than to the
administrator or his or her designee and, in the case of a multistate
examination, to authorized representatives of a state participating in the
examination but only to the extent such confidential information relates to
property that may be subject to reporting in such state.
(3) Auditors shall not use confidential
information obtained from the person subject to an examination for any purpose
other than for purposes of the examination. Auditors shall take all reasonable
steps to ensure that the confidential information provided by the person
subject to an examination is securely maintained.
(4) An auditor and a person subject to
examination may enter into a mutually agreeable nondisclosure agreement.
However, if the person and the auditor are unable to enter into a mutually
agreeable nondisclosure agreement within 30 calendar days from the date the
agreement was first presented by the auditor to the person subject to the
examination, then the examination shall commence without an agreement in place
subject to subrules (1) to (3) of this rule.
(5) The auditor must promptly cure any
deficiencies and comply with any applicable federal and state laws and
regulations pertaining to unauthorized disclosures. The administrator and the
auditor will cooperate to mitigate, to the extent practicable, the effects of
any breach, intrusion, or unauthorized use or disclosure. The auditor must
report to the administrator in writing any use or disclosure of confidential
information, whether suspected or actual, other than as required by the
contract within 10 days of becoming aware of the use or disclosure or the
shorter time period as is reasonable under the circumstances.
Notes
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