Code of Massachusetts Regulations
804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
Title 804 CMR 1.00 - Rules of Procedure
Section 1.21 - Access to Commission Materials and Restrictions to Personal Data

Universal Citation: 804 MA Code of Regs 804.1

Current through Register 1531, September 27, 2024

(1) Case Information Available to the Public. The following requirements apply to a request for case information by the public, all subject to 804 CMR 1.21(3):

(a) Predetermination. The investigative file in every charge under investigation, including the complaint, shall be confidential and exempt from public disclosure.

(b) Post-determination. The investigative file in every charge after an investigative disposition issues shall be confidential and exempt from public disclosure except for the complaint and the investigative disposition. The administrative record, which begins at the issuance of a probable cause determination and does not include the investigative file except for the complaint, shall be available upon case dismissal or the issuance of a hearing decision, whichever is first. In the event of an appeal pursuant to 804 CMR 1.23, the record of the appeal shall be available upon case dismissal or the issuance of a final decision by the Full Commission, whichever is first.

(2) Additional Case Information Available to the Parties. Upon request to the Records Access Officer post-determination, the parties to a complaint shall be allowed access to the investigative file, except that all records described in 804 CMR 1.21(3) shall be unavailable.

(3) Unavailable Information. Privileged information, attorney work product, information exempt from disclosure pursuant to the public records law or other laws, information withheld or redacted pursuant to 804 CMR 1.21(4), and information placed under a pseudonym or protective order by the Commission pursuant to 804 CMR 1.04(7), 1.05(12) or 1.12(9) is not available to the public or to the parties.

(4) Restrictions on Personal Data Identifiers in Filings. To protect personal privacy, parties and counsel shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all filings and exhibits submitted to the Commission, whether filed electronically or in paper, unless otherwise ordered by the Commission:

(a) Social Security, Taxpayer Identification, Driver's License, State-issued Identification Card or Passport Numbers. If any such individual numbers shall be included in a filing, only the last four digits of that number should be used.

(b) Names of Minor Children. If the involvement of a minor child shall be included in a filing, they shall be referred to only as "minor child," although multiple minor children shall be distinguished from one another numerically, i.e., "minor child 2."

(c) Dates of Birth. If an individual's date of birth shall be included in a filing, only the year should be used.

(d) Financial Account, Credit or Debit Card Numbers. If any such financial account numbers shall be included in a filing, only the last four digits of these numbers should be used.

(e) Medical Record Numbers. If any such medical record numbers shall be included in a filing, only the last four digits of these numbers should be used.

(f) Mother's Maiden Name. If a person's mother's maiden name is identified as such, only the first initial of the maiden name shall be used.

(5) Responsibility for Redaction and Availability of Original. The responsibility for redacting personal data identifiers rests solely with parties and counsel. The Commission shall not review each filing for compliance with 804 CMR 1.21(4). The parties and counsel shall keep a complete copy of any document redacted containing the complete personal data identifier and shall furnish it to the Commission promptly upon request by the Commission to produce an un-redacted version of the document.

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