General Provisions

(1) Scope and Purpose. Except where otherwise provided by law or judicial order, 801 CMR 3.00 shall apply to the collection, maintenance, and dissemination of personal data. Consistent with M.G.L. c. 66A, § 1, 801 CMR 3.00 shall not apply to: (a) Criminal offender record information as defined in M.G.L. c. 6, § 167; (b) Intelligence or evaluative information as defined in M.G.L. c. 6, § 167; or (c) Any information contained in a public record as defined in M.G.L. c. 4, § 7. (2) Applicability. 801 CMR 3.00 is jointly promulgated by and, except where otherwise provided by law or judicial order, shall apply to the Executive Office for Administration and Finance, the Executive Office of Education, the Executive Office of Energy and Environmental Affairs, the Executive Office of Health and Human Services, the Massachusetts Department of Transportation, the Executive Office of Public Safety and Security, the Executive Office of Housing and Economic Development, the Executive Office of Labor and Workforce Development (each of which is referred to as “Executive Office” in 801 CMR 3.00, and any agencies, departments, boards, commissions, authorities and instrumentalities within each said Executive Office. 801 CMR 3.00 shall not preclude any Executive Office from promulgating its own regulations pursuant to M.G.L. c. 66A, § 3, subject to the approval of the Secretary of Administration and Finance. Any agency, as defined in M.G.L. c. 66A, § 1, not within an Executive Office shall be subject to 801 CMR 3.00, unless the agency adopts its own regulations consistent with the provisions in 801 CMR 3.00. Any agency within an Executive Office is authorized to disseminate personal data to such Executive Office, in accordance with M.G.L. c. 6A, § 5, or to the Office of the Governor in accordance with M.G.L. c. 66A, and each Executive Office and the Office of the Governor may request and access personal data held by any of their subordinate agencies, provided that such dissemination or access is consistent with the purposes of M.G.L. c. 66A and not otherwise prohibited by law. Executive Offices and agencies within such Executive Offices are authorized to provide access to personal data to the Massachusetts Information Technology Division (MassIT), without relinquishing control over such personal data, in connection with MassIT's provision of services under M.G.L. c. 7D, as such access is consistent with the purposes of M.G.L. c. 66A. (3) Definitions. Refer to all definitions appearing in M.G.L. c. 66A, § 1.