555 CMR 8.09
Privileged Information
(1) Where information is protected by a privilege against disclosure recognized by law:
(a) If the Commission is the holder of the privilege, the privilege may be waived only
through a vote of the Commissioners; and
8.09: continued
(b) If a person or entity other than the Commission is the holder of the privilege and the
Commission is aware of the protection provided by the privilege, the Commission shall not
disclose the information without first taking the following steps, unless the law requires
otherwise:
1. Notifying the holder regarding its request; and
2. Making reasonable efforts to give the holder the opportunity to protect the
information.