Right of Subjects to Access and Review Records

(1) Subject Request for Access. The Director will review all requests for access to and review of records relating to a subject of the DNA Database, by such subject, on a case-by-case basis. In reviewing and responding to the request, the following steps shall be followed: (a) The subject must make the request in writing and include the following information: 1. Subject’s name and any aliases; 2. Subject’s date of birth, social security number, sex, and race; 3. Subject’s current address and phone number; 4. Index offense; 5. Date of conviction for the index offense; 6. Court of jurisdiction in which the subject was convicted of the index offense; 7. Subject’s right thumbprint, of sufficient clarity to allow for processing in the Automated Fingerprint Identification System; 8. Passport-sized color photograph taken within the past 12 months. (b) The information described in 515 CMR 2.06(1)(a) must be submitted under the subject's signature and seal of a registered Notary with the following authentication statement: "I [subject’s name] state under oath that the information I am providing to the Massachusetts State Police regarding my identity is true and accurate." (c) The Crime Laboratory will determine whether it possesses a DNA sample from an individual corresponding to the information provided. 1. If no record is found using this information, or if there is any discrepancy discovered in the information submitted by the subject in the request, no information related to the DNA Database will be provided to the subject. The Crime Laboratory shall notify the subject of this determination in writing within 30 days, by certified or registered mail to last known address, return receipt requested. 2. If a record is found for the identified subject in the DNA Database with no discrepancies in the submitted information, the Crime Laboratory will forward a photocopy of the subject’s DNA Database Information Card and the results of the DNA analysis to the subject with a written letter of authentication within 30 days, by certified or registered mail to last known address, return receipt requested. (2) Appeal. If, due to discrepancies in the information submitted by the subject in the request, the Crime Laboratory does not provide DNA records and related information to the subject, the subject may appeal the determination. In order to appeal the Crime Laboratory’s determination, the subject must provide, in writing and under signature and the seal of a registered Notary, the nature of the subject's disagreement with the Crime Laboratory’s decision. This appeal document shall be submitted to the Department, which shall take appropriate action to review the merits of the appeal and present a final decision on the appeal in writing within a reasonable period. In the event such decision reverses or modifies that of the Crime Laboratory, the Department shall require that appropriate action be taken with respect to the subject's record.