Code of Massachusetts Regulations
610 CMR - BOARD OF HIGHER EDUCATION
Title 610 CMR 10.00 - Privacy, Confidentiality, and Data Security
Section 10.01 - General Provisions

Universal Citation: 610 MA Code of Regs 610.10

Current through Register 1531, September 27, 2024

(1) Scope and Purpose. The Board of Higher Education pursuant to St. 1996, c. 151, continues 610 CMR 10.00 in full force and effect, unless the boards of trustees of the public institutions under the Board of Higher Education have promulgated or adopted privacy, confidentiality, and data security regulations applicable to their institutions. Additionally, regulations previously promulgated as 610 CMR 4.00 pursuant to M.G.L. c. 15A, § 9(s) have been merged into 610 CMR 10.00. Except where otherwise provided by law or judicial order, the provisions of 610 CMR 10.00 shall apply to the collection, maintenance, security, and dissemination of personal data contained in manual or computerized personal data systems and educational data collected by the Board of Higher Education. 610 CMR 10.00 shall not apply to:

(a) criminal offender record information as defined in M.G.L. c. 6, § 167;

(b) intelligence, analytical or investigative criminal reports, criminal evaluative data to the extent that the disclosure of such to a data subject would endanger the life or well-being of any person;

(c) personal data or other data which is not contained in a personal data system, or collected as educational data by the Board of Higher Education from public and independent institutions of higher education and other institutions, organizations and entities holding or otherwise involved with such data; and

(d) public records as otherwise defined in M.G.L. c. 4, § 7(26).

(2) Application to the Board of Higher Education and Public Institutions of Higher Education. Except where otherwise provided by law or judicial order, 610 CMR 10.00 shall apply to the Board of Higher Education and all public institutions of higher education.

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