Code of Massachusetts Regulations
950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH
Title 950 CMR 33.00 - Fair Information Practices Regulations
Section 33.18 - Response to Compulsory Legal Process

Universal Citation: 950 MA Code of Regs 950.33

Current through Register 1537, December 20, 2024

Each agency shall, as required by M.G.L. c. 66A, § 2(k), maintain procedures to ensure that no personal data is made available from its personal data systems in response to a demand for data by compulsory legal process unless the data subject has been notified of such demand in reasonable time to seek to have the process quashed. To fulfill this requirement, the procedures of each agency shall include:

(a) An explanation to agency personnel of rules governing the service of subpoenas in connection with proceedings before state and federal courts and administrative agencies.

(b) Instructions to attempt in all cases by negotiation with the person causing the subpoena to be served to limit the scope of the subpoena to those matters truly required.

(c) A requirement that the data subject or his authorized representative be notified no later than the next business day following the day on which the subpoena is served; and

(d) A requirement that the person appearing advise the court or agency of the requirements of M.G.L. c. 66A, § 2(k).

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