Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 300.000 - Reportable Diseases, Surveillance, and Isolation and Quarantine Requirements
Section 300.120 - Confidentiality

(A) All confidential personally identifying information, whether kept in electronic system or paper format including, but not limited to, reports of disease, clinical data, demographic data, and epidemiological data, notes, and memoranda, about any individual that is reported to or collected by the Department or local boards of health, or any individual or entity designated by the Department in accordance with 105 CMR 300.050, pursuant to 105 CMR 300.000 shall, unless disclosed as otherwise allowed in 105 CMR 300.120(A), be treated as confidential. Only those employees of the Department, local boards of health, or any individual or entity designated by the Department in accordance with 105 CMR 300.050, who have a specific need to review personal data records for the purposes allowed herein or otherwise required by law shall be entitled access to information contained in MAVEN and other such records. Any individual or entity making or receiving a report of disease shall ensure all paper records and electronic data systems related to information reported to or collected pursuant to 105 CMR 300.000 are treated as confidential in the same manner as information contained within MAVEN, kept secure and to the greatest extent possible kept in controlled access areas. Except when necessary for the Commonwealth's or local jurisdiction's disease investigation, control, treatment and prevention purposes, or for studies or research authorized by the commissioner pursuant to M.G.L. c. 111, § 24A, the Department and local boards of health or any individual or entity designated by the Department in accordance with 105 CMR 300.050, shall not disclose any personally identifying information without the individual's written consent.

(B) Notwithstanding 105 CMR 300.120(A), the Department shall not disclose to the federal government, the Commonwealth or any of its political subdivisions or any agency, agent, or contractor of said Commonwealth or federal government, the identity of any individual with HIV or AIDS reported to the Department under 105 CMR 300.000.