Code of Massachusetts Regulations
950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH
Title 950 CMR 33.00 - Fair Information Practices Regulations
Section 33.04 - Meaning of Terms

Universal Citation: 950 MA Code of Regs 950.33
Current through Register 1537, December 20, 2024

As used in 950 CMR 33.00, the context otherwise requires the following terms shall have the following meanings:

Access means availability of a record to a data subject.

Agency means the State Secretary's Office, or any board, commission or other body therein. As used in 950 CMR 3.31 the term also includes all agencies required to file notice with the State Secretary under M.G.L. c. 30, § 63.

Data subject means an individual whose name or identity is added to or maintained in a personal data system.

Disclose means to make available or release a record to anyone other than the data subject or employees of the holding agency.

Holds means collects, maintains, or disseminates, whether manually, mechanically, or electronically.

Indexed personal data system means a personal data system from which a record may be retrieved in the ordinary course by personal identifier.

Personal data system means a collection of records a substantial number of which contain personal data or, where a record may be retrieved in the ordinary course by personal identifier, any of which contain personal data. The term does not include any collection of records containing criminal offender record information as defined in M.G.L. c. 6, § 167.

Personal identifier means any element of data which may be used to fix a person's identity either by itself or when combined with other data accessible to the holder of such data including, without limitation, name, address, social security number, date of birth, race or zip code.

Public records as defined in M.G.L. c. 4, § 7, (26), means all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any official or employee of an agency, unless such materials or data fall within the exemptions set out in said § 7; and, pursuant to said exemptions, shall not include materials or data specifically or by necessary implication exempted from disclosure by statute; or personnel and medical files or information, or materials or data relating to a specifically named individual, the disclosure of which may constitute an invasion of personal privacy.

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