555 CMR, § 8.02 - Scope

(1)555 CMR 8.00 applies to:

(a) Databases that the Commission must maintain pursuant to M.G.L c. 6E, §§ 4(h), 4(j), 8(e), and 13(a);

(b) Other databases and electronic recordkeeping systems maintained by the Commission; and

(c) Commission responses to requests for records served upon it pursuant to M.G.L. c. 66, § 10.

(2)555 CMR 8.00 does not apply to any of the following:

(a) A response by the Commission to compulsory legal process, except as provided in 555 CMR 8.10;

(b) A response by the Commission to a court order relative to the disclosure of information;

(c) An inquiry or request concerning personal data, made on behalf of the individual to whom the personal data refers, under M.G.L. c. 66A, §§ 2(g) or 2(i); or

(d) The Commission's treatment of evidence that it knows to be relevant to a pending criminal case or exculpatory as to any criminal case.

(3) With respect to matters to which 555 CMR 8.00 applies, it is intended to supersede 801 CMR 3.00: Privacy and Confidentiality.

(4) Nothing in 555 CMR 8.00 is intended to:

(a) Foreclose the Commission's invocation of any provision, privilege, or doctrine, regardless of whether it is cited in 555 CMR 8.00;

(b) Establish a standard of care or create any independent private right, remedy, or cause of action on the part of any person or entity on account of any action the Commission takes or fails to take; or

(c) Otherwise waive any power, right, privilege, protection, or immunity that may be available to the Commission.

(5) Neither 555 CMR 8.00, nor the Commission's provision of any information through a public database or in response to a records request, is intended to:

(a) Create an attorney-client relationship, a principal-agent relationship, or a confidential relationship with any person or entity;

(b) Make the Commission a part of the prosecution team, the defense team, or the litigation team of any other party in relation to any criminal or civil action or controversy;

(c) Impose upon the Commission any duty or obligation of any other entity or person; or

(d) Otherwise surrender the Commission's independence.

Notes

555 CMR, § 8.02

Adopted by Mass Register Issue 1493, eff. 4/14/2023.