1.0 Legal Framework
A variety of documents comprise the IMPACT legal framework, which was established to ensure appropriate access to and use of IMPACT data and to ensure that all participants in IMPACT are protected.
1.1 Participating Parties
There are eight participating parties in IMPACT. These parties are listed in Table 1. Each type requires a specific agreement (Table 2) based on the type of relationship each party holds with the other party in IMPACT:
Table 1 IMPACT Participating Parties.
| Party | Description |
|---|---|
| Data Hosts | Provide computing infrastructure to store datasets received from the Data Providers. They also provide mechanisms by which researchers can access data when their application for particular dataset(s) has been approved. Data Hosts can also act as Data Providers. |
| Data Providers | Provide datasets that they own or control to the research community, subject to terms and conditions that they and the ICC stipulate. They may select a Data Host to store the datasets or they may host their own data. Data Providers can also act as Data Hosts. |
| Department of Homeland Security (DHS) | Provides funding to support the IMPACT Program. DHS Program Manager oversees and directs IMPACT strategy and mission. |
| Lead Researcher | The person who requests IMPACT Data is the principal investigator or researcher leading the research project using the Data, and is responsible for ensuring that all responsibilities for the receipt, security, oversight and handling of the data are met. |
| IMPACT Coordinating Center (ICC) | Manages the IMPACT portal, data catalog and portal operations, processes applications for IMPACT data, and handles administrative matters. ICC receives and catalogs metadata about the datasets and makes the catalog available to approved researchers. The ICC does not store, maintain or have access to any of the datasets. |
| IMPACT Program Advisory Council (IPAC) | Consults with and makes recommendations to Program Management on strategy and vision of the IMPACT project. |
| Researcher | An individual or organization who has been verified by the ICC as having a legitimate need for the data. A Researcher who is an individual also may be a Lead Researcher. |
1.2 Legal Agreements
The relationships among all parties participating in the IMPACT system and their participation in IMPACT activities are specified in Memoranda of Agreement (MOAs), MOA amendments, Terms of Use (TOU) agreements and other documents. The relationships and the terms and conditions by which data are provided to IMPACT and passed on to researchers are specified in the TOUs, MOAs and Data Use Agreements (DUA) with the Data Providers.
In the event that a participant violates the TOU or MOA governing his or her participation in IMPACT, the PCC will determine what action to take, based upon obligations defined in the agreement, and operational policies and procedures. Accordingly, precedents will be set and operating policies will be developed to ensure standardized, fair and objective treatment of all IMPACT participants.
Table 2 IMPACT Legal Agreements.
| Type | Parties | Description | Policy |
|---|---|---|---|
| Memorandum of Agreement (MOA) |
ICC & Data Hosts
ICC & Data Providers
ICC & Researchers
|
Defines the relationship between the ICC and organizations that agree to host datasets that are listed in the IMPACT data catalog. The Data Host MOA must be completed before a Data Host account on the portal can be approved (aka, "Host MOA").
Defines the relationship between the ICC and organizations that collect and/or own data that they provide to IMPACT. The Data Provider MOA must be completed before a Data Provider account on the portal can be approved (aka, "Provider MOA").
MOAs between researchers and the PCC ICC can apply to individuals operating as researchers or to research organizations that may have one or more researchers leading research efforts.
An MOA between the ICC and each researcher will be submitted at the time a researcher applies for access to datasets in specified sub-categories, and must be signed by the researcher before the Data Host makes requested data available. The MOA stipulates the specifics of the request, including datasets approved and the terms of use of the data. MOAs between ICC and researchers may be amended or extended as circumstances warrant. |
An MOA between the ICC and each Data Host must be executed before the Data Host is granted an account and eligible to host datasets.
An MOA between the ICC and each Data Provider must be executed before the Data Provider provides metadata on the datasets to the ICC and transfers datasets to the Data Host.
|
| Terms of Agreement | ICC & Researchers | Defines the relationship between the ICC and researchers who apply to use restricted datasets cataloged in IMPACT. The researcher MOA must be completed before the application to access Restricted datasets can be reviewed and approved, (aka, "Researcher MOA"). | |
| MOA Amendment | ICC & Researchers | Defines changes to an existing MOA. | An MOA will be amended when there is a change to the terms or content of any provisions in the MOA agreements. |
| Data Disposition | ICC & Researchers | Certifies that at the end of the access period, data have been disposed of according to instructions from the ICC. | |
| Portal Usage |
Privacy Policy
Portal Terms of Use
|
Terms describing the collection, use and disclosure of information on the IMPACT portal.
Terms of use for the IMPACT portal; posted at the bottom of each page.
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A link to the Privacy Policy is posted at the bottom of each page in the Portal.
A link to Portal Terms of Use is posted at the bottom of each page.
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Please download them below.
| Document | Description |
|---|---|
| Provider MOA | Defines the relationship between the ICC and organizations that collect and/or own data that they provide to IMPACT. The Data Provider MOA must be completed before a Data Provider account on the portal can be approved. |
| Researcher MOA for Restricted | Defines the relationship between the ICC and researchers who apply to use restricted datasets cataloged in IMPACT. The researcher MOA must be completed before the application to access restricted datasets can be reviewed and approved. |
| Researcher TOU for Quasi-Restricted | Defines the relationship between the ICC and researchers who apply to use quasi-restricted commercial datasets cataloged in IMPACT. |
| Researcher TOU for Unrestricted | Defines the relationship between the ICC and researchers who apply to use unrestricted commercial datasets cataloged in IMPACT. |