Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 305.000 - Confidential Birth Information
Section 305.004 - Definitions

As used in 105 CMR 305.000, the following words have the following meanings:

Administrative Purposes means data collected to administer or evaluate a program and for data quality control. Administrative purposes include vital registration and recordkeeping purposes as set forth in M.G.L. c. 46 and M.G.L. c. 209C and child support enforcement purposes as set forth in M.G.L. c. 119A. Administrative purposes specifically exclude any other uses of confidential birth data to make any determination about identifiable individuals, such as determining whether a person is eligible for a license, privilege, right, grant or benefit or whether such should be revoked.

Aggregate Data means data collected from individual-level records that have been combined for statistical, research or administrative purposes.

Cell Size Suppression means a statistical method used to report aggregate data in tables that restricts or suppresses disclosure of subsets of aggregate data to protect the identity and privacy of data subjects and to avoid the risk of identification of individuals in small population groups.

Commissioner means the Commissioner of the Massachusetts Department of Public Health.

Confidential Birth Information means all data elements, other than the facts required to be recorded pursuant to M.G.L. c. 46, § 1, that the Department or its agents acquire, collect and maintain pursuant to M.G.L. c. 111, § 24B, related to the birth of a child in the Commonwealth.

Contact means to communicate or attempt to communicate with a data subject or the data subject's parent, guardian, or health care provider by any means, including, but not limited to, in-person, telephone, facsimile, letter, or electronic mail.

Data Subject means the individual about whom the data or information relates.

De-identified Data means birth information that does not contain any data that could be used to identify a particular individual. The specific variables that are permitted in a de-identified data set are listed in the Department's Confidentiality Policy and Procedures. De-identified data may be released as a public record.

Department means the Massachusetts Department of Public Health.

Disclose means to transfer, disseminate, or otherwise communicate or divulge any confidential birth information to any person or entity.

Identifiable Data means any data or information that:

(1) Reveals the identity of the data subject or is readily identified with the data subject, including, but not limited to, name, address, telephone number, social security number, health identification number, or date of birth; or

(2) Provides a reasonable basis to believe that the information could be used, either alone or in combination with other information, to identify a data subject.

Institutional Review Board means any board, committee, or other group formally designated by an institution, and approved by the federal Department of Health and Human Services pursuant to 45 CFR Part 46 to review, approve, and periodically evaluate research projects to protect the rights of human research subjects.

Limited Data Set means confidential birth information derived from vital records that excludes direct identifiers of individuals but is not completely de-identified and is not suitable for public disclosure. The following are considered direct identifiers: Name, street address and equivalent geocode, phone number(s), social security number, license number(s), e-mail address(es), or any other unique identifying number(s), characteristic(s), or code(s) that is (are) readily associated with an individual.

Linkage means the combination of individual-level confidential birth information with any other information system in whatever form.

Non-marital Birth means any birth of a child whose parents are not married to each other at the time of birth or within 300 days of the birth of the child.

Person means an individual, corporation, estate, trust, partnership, limited liability company, association, government or governmental body, or any other legal entity.

Pledge of Confidentiality means a written statement, dated and signed by an individual who is granted access to confidential birth information, that certifies the individual's agreement to abide by the confidentiality restrictions stated in the written statement.

Public Health Authority means an agency or authority of the United States, a State, a territory, a political subdivision of a State or territory, or an Indian tribe, or a person or entity acting under a grant of authority from or contract with such public agency, including the employees or agents of such public agency or its contractors or persons or entities to whom it has granted authority, that is responsible for public health matters as part of its official mandate.

Public Health Purpose means a population-based activity or individual effort primarily aimed at: the reduction of morbidity or mortality; the prevention of injury, illness, disease, disability or premature mortality; the improvement of health outcomes; or the promotion of health in the community, including assessing the health needs and status of the community through public health reporting and surveillance, developing public health policy, and responding to public health needs and emergencies.

Registrar means the Registrar of the Registry of Vital Records and Statistics established by the Massachusetts Department of Public Health pursuant to M.G.L. c. 17, § 4.

Research means a systematic investigation designed primarily to develop or contribute to general knowledge, including public health, medical, social, demographic and historical research.

Statistical Purposes means data collected for generating aggregate descriptions, estimations or analyses of groups of persons or institutions, without regard to the identities of specific individuals. Statistical purposes include child support enforcement purposes as set forth in M.G.L. c. 119A. Statistical purposes specifically exclude any other uses of confidential birth data to make any determination about identifiable individuals, such as determining whether a person is eligible for a license, privilege, right, grant or benefit or whether such should be revoked.

Vital Records Jurisdiction means the 50 states within the United States, New York City, Washington D.C., Puerto Rico, Guam, Samoa, the Virgin Islands, and the Northern Mariana Islands.