This data use agreement pertains to the Youth Risk Behavior Survey and Youth Tobacco Survey (“YRBS/YTS”) data collected by the Maryland Department of Health (“MDH”) Center for Tobacco Prevention and Control (“Tobacco Program”). Data cleaning, weighting, and analysis were performed by the Centers for Disease Control and Prevention (“CDC”) or its Contractor and delivered to MDH. It is in this form and manner that data will be provided by MDH to the requesting entity.

These data consist of anonymous data from Maryland public middle and high school students who participated in the YRBS/YTS. Although denominated as a YRBS/YTS within Maryland, the data set also constitutes a CDC sanctioned Youth Risk Behavior Survey (“YRBS”) data and may be used as such.

The undersigned gives the following assurances concerning this data set (“Data”):

The requesting entity considers the anonymity and confidentiality all student respondents a matter of the highest priority. Any and all members of this organization having access to this data set will be held responsible for safeguarding and maintaining strict confidentiality.

To be granted access to these data, you must agree unconditionally to the following standards:

1. I will not attempt to use or permit others to use these data to learn the identity of any student included in the datasets.
2. I will not attempt or permit others to use these data to conduct a student, classroom, or school-level analysis.
3. I will require others in the organization, as well as any subcontractor to the organization who uses these data, to sign an agreement assuring full compliance with this Data Use Agreement. The organization will keep these signed agreements and make them available to MDH upon receipt of prior written notice.
4. A data security plan, which adequately addresses the requirements contained herein, shall be maintained by the organization and any subcontractor employed by the organization.
5. I will not release or permit others to release any information that identifies students, classrooms, or schools, directly or indirectly.
6.  I will not release or publicize, or permit others to release or publicize, statistics where the number of observations in any given row of tabulated data is less than or equal to thirty (30).
7. I will not attempt to link or permit others to attempt to link the records of students in the data set with personally identifiable records from any source.
8. I will not release or permit others to release the dataset or any part of it to any person who is not a member of the requesting entity or to any entity.
9.  I will only use these data for the purposes outlined in this agreement and will acknowledge in all reports based on these data, by direct citation where space and/or publication guidelines permit or by inclusion in a list of data contributors available upon request, that the source is the Maryland Department of Health, Maryland Youth Risk Behavior Survey/Youth Tobacco Survey (YRBS/YTS).
10.  I will acknowledge in all reports and publications based on these data, by direct citation where publication guidelines permit, that the analysis was performed by the requesting entity and provide contact information where questions may be addressed regarding said analysis.
11. I will ensure that the data set is not transmitted except in full compliance with the Privacy Act, Freedom of Information Act, and all other State and federal laws and regulations.
12. I will submit an approval or exemption letter from an Institutional Review Board if using these data for research purposes.
13.  I will provide a Certification of Data Destruction to the MDH once the source data are destroyed and the project is completed. 
14. If this project is not completed within a one-year timeframe, I will resubmit a request to MDH for approval.
15. I will provide MDH with written annual updates on using or publishing the information shared under this agreement.
16. I will provide MDH with a copy of any final reports, analysis, data, presentations, or publications submitted resulting from the use of the information shared under this agreement a minimum of 10 business days before distribution for review and comments by MDH.
17. I will comply with the State of Maryland Information Technology Security Manual Version 1.2: https://doit.maryland.gov/Documents/Maryland%20IT%20Security%20Manual%20v1.2.pdf.