Confidentiality of Cancer Registry Records

(A) The Department shall maintain the confidentiality of reports submitted to the Cancer Registry as well as other information collected pursuant to 105 CMR 301.035. The Department shall not release any information that would indicate whether or not the name of a particular person is listed in the Cancer Registry and shall not release such reports, or any other information which because of name, identifying number, mark or description can be readily associated with a particular individual, except the Department may release information contained in the Cancer Registry regarding a particular individual: (1) to the particular individual upon (a) receipt of a written request which is signed by the particular individual and which is witnessed or notarized as required by 105 CMR 301.040(B), and (b) presentation by the particular individual of suitable identification as required by 105 CMR 301.040(C); (2) if the particular individual is a minor, to a parent of the particular individual upon (a) receipt of a written request which is signed by the parent and which is witnessed or notarized as required by 105 CMR 301.040(B), and (b) receipt of a certified copy of the birth certificate of the particular individual, and (c) presentation by the parent of suitable identification as required by 105 CMR 301.040(C); (3) if the particular individual has a court-appointed guardian, or if the particular individual is deceased, to the court-appointed guardian, or to the executor or administrator of the particular individual's estate upon (a) receipt of a written request which is signed by the court-appointed guardian, executor or administrator and which is witnessed or notarized as required by 105 CMR 301.040(B), and (b) receipt of a certified copy of the order or decree which appoints the guardian, executor, or administrator, and (c) presentation by the guardian, executor, or administrator of suitable identification as required by 105 CMR 301.040(C); (4) to an attorney or other person designated by the particular individual upon (a) receipt of a written request which is signed by the particular individual and which is witnessed or notarized as required by 105 CMR 301.040(B), and which requests release of the information to the attorney or other person, and (b) presentation by the attorney or other person of suitable identification as required by 105 CMR 301.040(C); to an attorney or other person designated by the court-appointed guardian of the particular individual, or designated by the executor or administrator of the estate of the particular individual upon (a) receipt of a written request which is signed by the court-appointed guardian, executor or administrator and which is witnessed or notarized as required by 105 CMR 301.040(B), and which requests release of the information to the attorney or other person, and (b) receipt of a certified copy of the order or decree which appoints the guardian, executor or administrator, and (c) presentation by the attorney or other person of suitable identification as required by 105 CMR 301.040(C); (6) if the particular individual is a minor, to an attorney or other person designated by the parent of the particular individual upon (a) receipt of a written request which is signed by the parent and which is witnessed or notarized as required by 105 CMR 301.040(B), and which requests release of the information to the attorney or other person, and (b) proof of age of the particular individual, and (c) presentation by the attorney or other person of suitable identification as required by 105 CMR 301.040(C); (7) to the authorized representative of a state or federal agency or a nonprofit organization for cancer surveillance or statistics pursuant to a data exchange agreement and subject to any conditions deemed appropriate by the Department; (8) to authorized representatives of the National Cancer Institute and its authorized vendors for purposes of hosting and maintaining the Surveillance, Epidemiology, and End Results (SEER) data management system on behalf of the Department; to a cancer registry custodian in another state or jurisdiction for cancer diagnoses of residents of that other state or jurisdiction pursuant to a data exchange agreement and subject to any conditions deemed appropriate by the Department; and to the authorized representative of a study or research project approved by the Commissioner pursuant to M.G.L. c. 111, § 24A. However, the Department shall not release to the authorized representative of a study or research project any part of a patient's Social Security number. The authorized representative of a study or research project who receives Cancer Registry data shall not publish the name of any individual whose information is contained in the Cancer Registry or any other information which because of identifying number, mark or description could be readily associated with an individual whose information is contained in the Cancer Registry. The Department may impose other conditions for receipt of Cancer Registry data. (B) Every written request for the release of information submitted pursuant to 105 CMR 301.040(A), shall be signed by the person making the written request, and such signature shall be either: (1) witnessed by an employee of the Department who has been designated to witness such requests and to whom the person making the request presents suitable identification as required by 105 CMR 301.040(C); or (2) notarized by a notary public or magistrate. (C) Any person who is required by 105 CMR 301.040(A) or (B) to present suitable identification shall present an identification document that contains both a picture of the person and the signature or mark of the person, such as a driver's license or non-driver identification card issued by a state motor vehicle licensing department, passport, state-issued liquor purchase identification card, or other government-issued identification which contains both a picture of the person and the signature or mark of the person.