Code of Massachusetts Regulations
515 CMR - DEPARTMENT OF STATE POLICE
Title 515 CMR 2.00 - Testing And Analysis, Quality Assurance, Computerized Storage, Retrieval, And Dissemination For The Dna Database
Section 2.07 - Use and Dissemination Agreements

Universal Citation: 515 MA Code of Regs 515.2

Current through Register 1531, September 27, 2024

(1) Authorized Agencies. Access to the DNA Database, shall be granted to an agency authorized to have such access, pursuant only to a written use and dissemination agreement. As long as consistent with 42 U.S.C. § 14132, stored DNA samples and DNA analyses can be disclosed only:

(a) to criminal justice agencies for law enforcement identification purposes, which shall include (at the discretion of the Director) to assist the identification of human remains from mass disasters or to identify whether such remains are from those of a missing person, upon written or electronic request to the Director;

(b) in judicial proceedings, if otherwise admissible by applicable statutes or rules;

(c) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; and

(d) if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes:

(2) Requirements in the Use and Dissemination Agreement. The use and dissemination agreement shall specify:

(a) Duties of the Director to provide the requested access and information to authorized parties;

(b) Duties of the user agency to receive, store and use all information covered by the agreement in compliance with all applicable state and federal laws and regulations;

(c) Duties of the user agency to familiarize all personnel and adhere to all regulations governing the receipt, storage and use of all information covered in the agreement;

(d) Duties of the user agency to maintain records that support and justify inquiries and requests for DNA Database searches, and to make these records available to the Department upon request;

(e) Prohibitions on redisclosure by the user agency of any information obtained from the DNA Database to any unauthorized agency or person;

(f) Policy for suspension of access, cancellation of access, and/or fines for any violations of the terms and conditions of the use and dissemination agreement by a user agency, its employees or agents, and a policy for reinstating access by the Department only after the Department is satisfied that the causes of all violations have been eliminated;

(g) Specific instructions allowing termination by either party of the agreement for any reason with 30 days notice; and

(h) Notice that the agreement shall take effect only after officials of the Crime Laboratory and user agency having both the administrative and legal authority to bind the parties to the terms and conditions of the agreement have signed the use and dissemination agreement.

(3) Record Keeping. A copy of each current use and dissemination agreement shall be filed with the Crime Laboratory and maintained in a file for each participant agency at all times. The form of the agreements shall be determined by the Department.

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