(4) Except as provided in
555
CMR 8.06(5), the public
database shall not make available to members of the general public:
(a) The following forms of information:
1. Records relating to a preliminary inquiry
or initial staff review used to determine whether to initiate an inquiry that
are confidential under M.G.L. c. 6E, § 8(c)(2), or
555
CMR 1.03: Confidentiality of
Preliminary Inquiries or 1.07(2);
2. Other information related to disciplinary
proceedings that is confidential under
555
CMR 1.01(2)(d),
1.09(6)(c):
Public Access, or 1.10(4)(a): Public
Access;
3. Identifying or
contact information that is generally non-public and non-disclosable under
M.G.L. c. 66, §§ 10B and 15;
4. Criminal offender record information that
cannot be communicated under M.G.L. c. 6, §§ 168 or 178,
803 CMR
2.00: Definitions, or
803 CMR
7.00: Criminal Justice Information System
(CJIS); and criminal history record information that cannot be
disseminated under
803 CMR
7.00;
5.
Sealed or expunged records that are non-public and confidential or are
unavailable for inspection under M.G.L. c. 276, §§ 100L, 100O, or
100Q;
6. Juvenile delinquency
records that must be withheld under M.G.L. c. 119, § 60A, or juvenile
criminal records that cannot be communicated under M.G.L. c. 6, §§
168 and 178;
7. Police-log entries
pertaining to arrests of juveniles that are non-public and non-disclosable
under M.G.L. c. 41, § 98F;
8.
Police-log entries pertaining to handicapped individuals that are non-public
and non-disclosable under M.G.L. c. 41, § 98F;
9. Police-log entries pertaining to alleged
domestic violence or sex offenses that are non-public and non-disclosable under
M.G.L. c. 41, § 98F;
10. These
records, to the extent that they are not public reports and generally must be
maintained by police departments in a manner that shall assure their
confidentiality under M.G.L. c. 41, § 97D:
a. Reports of rape and sexual assault or
attempts to commit such offenses;
b. Reports of abuse perpetrated by family or
household members, as defined in M.G.L. c. 209A, § 1; and
c. Communications between police officers and
victims of such offenses or abuse;
11. Information in court and police records
that identifies alleged victims of sex offenses or trafficking and is
non-public, must be withheld, and cannot be published, disseminated, or
disclosed under M.G.L. c. 265, § 24C;
12. Identifying, contact, employment, or
educational information of victims of crimes or domestic violence or members of
their families that is non-public and non-disclosable under M.G.L. c. 66,
§§ 10B and 15;
13.
Contact, employment, or educational information of victims, members of their
families, or witnesses that is confidential and non-disclosable under M.G.L. c.
258B, §§ 3(h) and 3(w);
14. Identifying, contact, employment, or
educational information of family-planning personnel or members of their
families that is non-public and non-disclosable under M.G.L. c. 66,
§§ 10B and 15;
15.
Personal data that is non-accessible under M.G.L. c. 66A;
16. Forms of "personal information"
referenced in M.G.L. c. 93H, § 1, other than the names of
individuals;
17. Data that the
Commission is precluded from disclosing pursuant to a court order;
18. Information the disclosure of which would
violate a person's right against unreasonable, substantial, or serious
interference with privacy under M.G.L. c. 214, § 1B; and
19. Any other information that is
non-disclosable under federal or Massachusetts law; and
(b) The following additional forms of
information:
1. These forms, the revelation of
which could potentially impact officer health or safety, including by
facilitating attempts to coerce officers or exploit any individual
vulnerabilities:
a. Information relating to a
member of an officer's family, except where such family member is an officer
and any relation between the two officers is not revealed;
b. Information concerning an officer's
personal finances that is not otherwise publicly available;
c. Information that could readily be used to
facilitate identity theft or breaches of data security including, but not
limited to, an officer's date of birth, passwords, and entry codes;
d. Information concerning an officer's
medical or psychological condition;
e. Any assessment of whether an officer
possesses good moral character or fitness for employment in law enforcement
under M.G.L. c. 6E, § 4(f)(1)(ix) that was made:
i. By a person or entity other than the
Commission or its personnel; and
ii. Pursuant to
555
CMR 7.05: Determination of Good
Character and Fitness for Employment or 7.06(9): Good
Character and Fitness for Employment or otherwise in response to a
request by the Commission in connection with a process of determining whether
to initially certify or recertify an officer;
f. Information concerning an officer's
conduct as a juvenile;
g.
Information concerning any firearm, or firearms license or permit, that an
officer currently possesses in a personal capacity;
h. Law enforcement information, including
information concerning the following subjects, if disclosure could compromise
law enforcement or security measures:
i.
Undercover operations;
ii.
Confidential informants;
iii.
Clandestine surveillance;
iv.
Secretive investigative techniques;
v. Passwords and codes;
vi. The details of security being provided to
a person or place; or
vii. Subjects
of comparable sensitivity.
i. Information concerning any complaint or
disciplinary matter that has not been resolved adversely to the officer, unless
the matter was resolved in a manner that the Commission determines to have been
unwarranted;
j. Information
concerning a decision or action that has been reversed or vacated;
and
k. Any other information that
could readily be used in an attempt to coerce action or inaction, or exploit
individual vulnerabilities, of an officer.
2. Law enforcement agency records that are
within the scope of those being audited by the Commission pursuant to M.G.L. c.
6E, §§ 3(a)(9), 3(a)(21), and 8(d);
3. Records associated with Commission
meetings that may be withheld under M.G.L. c. 30A, § 22;
4. Information that an individual has the
ability to have corrected, amended, or removed pursuant to M.G.L. c. 66A,
§ 2(j) or
555
CMR 8.08;
5. Information that shall not be disclosed
pursuant to
555
CMR 8.08(10);
6. Information that is protected by a
privilege against disclosure recognized by law and is held by the
Commission;
7. Information that is
protected by a privilege against disclosure recognized by law and is held by a
person or entity other than the Commission;
8. Data that is non-disclosable under any
formal agreement or memorandum of understanding between the Commission and any
other federal, state, local, or tribal governmental entity including, but not
limited to, any Commonwealth of Massachusetts Data Sharing Memorandum of
Understanding, any Data Use License Agreement between the Commission and
another governmental entity, and any Massachusetts Criminal Justice Information
System (CJIS) User Agreement;
9.
Information that a court has expunged, placed under seal, impounded, or
relieved the Commission of having to disclose;
10. Information the confidentiality of which
is the subject of dispute in litigation or an administrative
proceeding;
11. Any document,
record, or petition generated by the Witness Protection Board or by a
prosecuting officer and related to witness protection services that is
non-public and non-disclosable under
501
CMR 10.14: All Other Disclosures
Related to Witness Protection;
12. Information concerning a complaint or
disciplinary matter that the Commission, by vote of the Commissioners, has
decided not to make available to members of the general public;
13. Information concerning any individual who
is no longer serving as an officer and who last received a certification more
than three years earlier, but who has not been decertified; and
14. Information that otherwise does not
constitute a public record under M.G.L. c. 4, § 7, cl.
26.