Current through Register 1531, September 27, 2024
(1)
Objections by Data Subjects
regarding Data Held by the Commission.
(a) A data subject who objects to the
accuracy, completeness, pertinence, timeliness, relevance or dissemination of
personal data held by the Commission regarding him or her, may file an
objection with the Executive Director of the Commission pursuant to M.G.L. c.
66A.
(b) The objection shall:
1. be in writing; and
2. set forth with specificity the reason(s)
for the objection.
(c)
Within a reasonable time after the receipt of such an objection, the Executive
Director or his or her designee shall review the objection and:
1. correct or amend the personal data if
there is no disagreement with the data subject as to whether the change or
amendment should be made; or
2. if
there is disagreement with the data subject as to whether the change or
amendment should be made, assure the data subject's claim is noted and included
as part of the data subject's personal data and included in any subsequent
disclosure or dissemination of the disputed data.
(d) notify the data subject in writing of a
decision and the reasons underlying said decision.
(2)
Objection by Data Subjects to
Denial of Access to Data Held by the Commission.
(a) A data subject who objects to the
Commission's denial of access to that person's own data held by the Commission
may file an objection with the Executive Director of the Commission pursuant to
M.G.L. c. 66A.
(b) Such objection
shall be:
1. in writing; and
2. filed within 30 days of the data subject's
receipt of notification of said denial to access to data held by the
Commission.
(c) Within a
reasonable time after the receipt of such an objection, the Executive Director
or his or her designee shall review the objection and send written notification
of his or her decision to the objector, including a statement of the nature of
the decision and the reasons therefore. Said objection and decision shall be
retained by the Commission.
(d) The
action taken by the Executive Director or his or her designee pursuant to
118 CMR
14.03 shall be the final and conclusive
administrative determination concerning denied access to the data held by the
Commission.
(3)
Time Frames. The time periods contemplated by 118 CMR
14.07 may be extended by the Executive Director or his or her designee for good
cause shown. The Commission's good faith failure to meet the time frames set
forth within 118 CMR 14.07 shall not confer any rights, either expressly or
impliedly, upon the objector.
(4)
Judicial Relief. Any data subject who wishes to
challenge any decision of the Executive Director of the Commission regarding
personal data may seek judicial review of said decision pursuant to M.G.L. c.
214, § 3B. In the event of any civil action filed pursuant to M.G.L. c.
214, § 3B, the failure to exhaust available administrative remedies shall
be an absolute defense.
