Code of Massachusetts Regulations
801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Title 801 CMR 3.00 - Privacy And Confidentiality
Section 3.03 - Access to Personal Data
Current through Register 1531, September 27, 2024
Subject to 801 CMR 3.01 and 3.03, the holder shall not allow any other agency or individual not employed by the holder to have access to personal data unless such access is authorized by statute or regulation which are consistent with the purposes of M.G.L. c. 66A, or is approved by the data subject if the data subject is entitled to access under M.G.L. c. 66A, § 2(I). The holder may adopt rules identifying the specific types of personal data applicable to that holder and a manner of dissemination that is consistent with 801 CMR 3.00. Nothing in 801 CMR 3.00 shall be construed as authorizing the holder to release information, the disclosure of which is prohibited by any statute other than M.G.L. c. 66A.
Consistent with the purposes of M.G.L. c. 66A and 801 CMR 3.00, the holder may disseminate personal data to persons other than the data subject as follows:
(a) The holder may disseminate personal data in response to compulsory legal process, provided that the procedures required by M.G.L. c. 66A, § 2(k) are followed. The holder need not provide the notice required under M.G.L. c. 66A, § 2(k), if a court orders otherwise upon a finding that notice to the data subject would probably so prejudice the administration of justice that good cause exists to delay or dispense with such notice.
(b) A holder may disseminate personal data to any federal, state, or local governmental entity for criminal or civil law enforcement purposes, provided that an authorized representative of the governmental entity has made a written request to the holder specifying the record desired and the law enforcement activity for which the record is sought, and the governmental entity agrees in writing to keep the personal data confidential to the extent permitted by law.
(c) The holder may disseminate personal data to the United States Census Bureau to aid the Bureau in connection with an official census or survey, provided that the Bureau agrees to keep the personal data confidential to the extent permitted by law.
(d) The holder may disseminate personal data as required by an order of a court of competent jurisdiction.
(e) The holder may disseminate medical or psychiatric data to a physician treating a data subject upon the request of said physician, or to other persons to the extent consistent with federal or other applicable law, if a medical or psychiatric emergency arises which precludes the data subject's giving approval for the release of such data, but the data subject shall be given notice of such access upon termination of the emergency. The holder may disseminate personal data to other persons if an emergency arises that precludes the data subject's giving approval for the release of such data and dissemination is necessary for reasons related to the health or safety of the data subject, or in circumstances posing an immediate threat to public safety, provided that the scope of disclosure is limited to the extent necessary to alleviate or address the emergency. The data subject shall be given notice of such dissemination upon termination of the emergency.
