965 CMR 2.08
Disclosure of Personal Data to the Attorney General
(1) Where a suit (or legalproceeding) has been threatened or instituted by a data subject against the
Department of the State Auditor or against any official or employee of the Department, arising from
his or her official duties or scope of employment, any personal data concerning the data subject, held
by the Department that is or employs a party to suchsuit (or legal proceeding), which is relevant to a
determination of the issues in dispute, may be furnished to the Attorney General, or authorized assistant
attorney general, who may further disclose such personal data to the extent he or she deems necessary
for purposes of representing the defendant(s), subject to the following conditions:
(a) Disclosure shall be furnished in response to a written or oral request from the Office of the
Attorney General, which shall indicate the purpose for which the personal data is requested and
describe, with particularity, the data requested; and
(b) Personal data of persons not party to the litigation (or legal proceeding) will be redacted in
order to protect the privacy interests of such persons.
(2) In the event that a personal data system maintained by the Department of the State Auditor, to
carry out its functions, indicates a violation or potential violation of law, whether civil, criminal, or
regulatoryinnature, and whether arising under a statute or a regulation, rule, or order issued pursuant
thereto, the relevant data may be referred to the Attorney General in order to enforce or implement the
statute or a regulation, rule, or order issued pursuant thereto, or to investigate or prosecute such
violation.
2.08: continued
(3) Nothing in 965 CMR 2.08 shall be construed to authorize the Department of the State Auditor
to release information the disclosure of which is prohibited by any statute other than the Fair
Information Practices Act, M.G.L. c. 66A.