Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 11.00 - Fair Information Practices Act
Section 11.02 - Meaning of Terms

Universal Citation: 940 MA Code of Regs 940.11
Current through Register 1531, September 27, 2024

Consistent with the purposes of M.G.L. c. 66A and the definitions as set forth in M.G.L. c. 66A, § 1, the following terms shall have the following additional meanings:

Compulsory Legal Process shall mean a demand for personal data that is issued by or through a federal or state court or party to litigation, including any demand made by: summons; subpoena; discovery request; or judicial order.

Criminal Offender Record Information (CORI) shall have the same meaning as set forth in M.G.L. c. 6, § 167. Pursuant to the definition contained within M.G.L. c. 66A, § 1, CORI is not "personal data".

Data Subject shall have the same meaning as set forth in M.G.L. c. 66A, § 1. In addition, "similar entities" excluded from 940 CMR 11.02: Data Subject shall include sole proprietorships or other businesses, and not-for-profit or charitable entities.

Evaluative Information shall have the same meaning as set forth in M.G.L. c. 6, § 167. Pursuant to the definition contained within M.G.L. c. 66A, § 1, evaluative information is not "personal data".

Intelligence Information shall have the same meaning as set forth in M.G.L. c. 6, § 167. Pursuant to the definition contained within M.G.L. c. 66A, § 1, intelligence information is not "personal data".

Personal Data shall mean any information concerning an individual which, because of name, identifying number, mark, description, or other such personal identifiers, can be readily associated with a particular individual; provided that such information is not contained in a public record, as defined in M.G.L. c. 4, § 7, cl. 26. Personal data shall not include intelligence information, evaluative information, or criminal offender record information; nor shall it include the government employees' or contractors' analysis of personal data (including mental impressions or opinions of, or conclusions, recommendations, or advice based on, or attorney-client privileged communications regarding, such personal data), where such analysis is not, or is not contained in, a public record.

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