118 CMR, § 14.07 - Objections Filed Pursuant to M.G.L. c. 66A

(1) Objections by Data Subjects regarding Data Held by the Commission.

(a) A data subject who objects to the accuracy, completeness, pertinence, timeliness, relevance or dissemination of personal data held by the Commission regarding him or her, may file an objection with the Executive Director of the Commission pursuant to M.G.L. c. 66A.

(b) The objection shall:

1. be in writing; and

2. set forth with specificity the reason(s) for the objection.

(c) Within a reasonable time after the receipt of such an objection, the Executive Director or his or her designee shall review the objection and:

1. correct or amend the personal data if there is no disagreement with the data subject as to whether the change or amendment should be made; or

2. if there is disagreement with the data subject as to whether the change or amendment should be made, assure the data subject's claim is noted and included as part of the data subject's personal data and included in any subsequent disclosure or dissemination of the disputed data.

(d) notify the data subject in writing of a decision and the reasons underlying said decision.

(2) Objection by Data Subjects to Denial of Access to Data Held by the Commission.

(a) A data subject who objects to the Commission's denial of access to that person's own data held by the Commission may file an objection with the Executive Director of the Commission pursuant to M.G.L. c. 66A.

(b) Such objection shall be:

1. in writing; and

2. filed within 30 days of the data subject's receipt of notification of said denial to access to data held by the Commission.

(c) Within a reasonable time after the receipt of such an objection, the Executive Director or his or her designee shall review the objection and send written notification of his or her decision to the objector, including a statement of the nature of the decision and the reasons therefore. Said objection and decision shall be retained by the Commission.

(d) The action taken by the Executive Director or his or her designee pursuant to 118 CMR 14.03 shall be the final and conclusive administrative determination concerning denied access to the data held by the Commission.

(3) Time Frames. The time periods contemplated by 118 CMR 14.07 may be extended by the Executive Director or his or her designee for good cause shown. The Commission's good faith failure to meet the time frames set forth within 118 CMR 14.07 shall not confer any rights, either expressly or impliedly, upon the objector.

(4) Judicial Relief. Any data subject who wishes to challenge any decision of the Executive Director of the Commission regarding personal data may seek judicial review of said decision pursuant to M.G.L. c. 214, § 3B. In the event of any civil action filed pursuant to M.G.L. c. 214, § 3B, the failure to exhaust available administrative remedies shall be an absolute defense.

Notes

118 CMR, § 14.07

Adopted by Mass Register Issue 1448, eff. 7/23/2021.