Code of Massachusetts Regulations
965 CMR - DEPARTMENT OF STATE AUDITOR
Title 965 CMR 2.00 - Fair Information Practices Act
Section 2.07 - Objections and Administrative Appeals

Universal Citation: 965 MA Code of Regs 965.2

Current through Register 1531, September 27, 2024

(1) Objections by Data Subject. A data subject who objects to the collection, maintenance, dissemination, use, accuracy, completeness, type of, ordenial of access to personal data held regarding him may file an objection with the officer in charge of the personal data system.

(2) Responsibilities of Holder Pursuant to Objections. Pursuant to an objection by the data subject, the officer responsible for a data system shall within 30 days of the receipt of the objection:

(a) Investigate the validity of the objection; and,

(b) If, after the investigation:
1. the objection is found to be meritorious, correct the contents of the data or the methods for holding or the use of such data; or,

2. if the objection is found to lack merit, provide the data subject the opportunity to have a statement reflecting his views recorded and disseminated with the data in question.

(c) Notify in writing the data subject of his decision.

(3) Appeal of Holder's Decision. Any data subject, or his authorized representative, who objects to the decision of the officer in charge of the personal data system, may appeal the matter to the State Auditor. The appeal shall be filed in writing within 30 days of the notification of the decision by the officer in charge of the personal data system.

(4) State Auditor -- Adjudicatory Hearing. The State Auditor or his designee hearing an appeal filed pursuant to 965 CMR 2.07(3) shall convene an adjudicatory hearing, in accordance with the provisions of M.G.L. c. 30A,within 30 days of the receipt of such an appeal, and render a decision on the merits within 30 days of the conclusion of said hearing.

(5) Judicial Relief. No provision of 965 CMR 2.07 shall be interpreted in such a way as to prevent a data subject or Attorney General from bringing action in a court of proper jurisdiction in accordance with M.G.L. c. 214, § 3B; however, procedures provided herein must be exhausted before judicial relief can be sought under M.G.L. c. 214, § 3B or any other statute.

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