555 CMR, § 8.10 - Compulsory Legal Process

(1) Except as provided in 555 CMR 8.10(2) or (3), when any person or entity seeks personal data maintained by the Commission through compulsory legal process, the Commission:

(a) Shall notify the individual to whom the personal data refers in reasonable time that the individual may seek to have the process quashed; and

(b) If appearing or filing any paper in court related to the process, shall notify the court of the requirement of M.G.L. c. 66A, § 2(k).

(2) The Commission need not provide the notification described in 555 CMR 8.10(1) if a court orders otherwise upon a finding that notice to the individual to whom the personal data refers would probably so prejudice the administration of justice that good cause exists to delay or dispense with such notice.

(3) If the MPTC is, by agreement, responsible for responding to compulsory legal process received by the Commission, the Commission shall refer the process to the MPTC, and ask the MPTC to respond to the process, or provide reasonable assistance to the Commission in responding to the process, in accordance with such agreement.

Notes

555 CMR, § 8.10

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