HOUSE DOCKET, NO. 2420        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 142

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to the disclosure of information held by the disabled persons protection commission pursuant to general laws chapter 19C..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. CHAPTER 19C OF THE GENERAL LAWS, AS APPEARING IN THE 2004 OFFICIAL EDITION, IS HEREBY AMENDED BY ADDING AFTER SECTION 3 THE FOLLOWING SECTION:

§3A.  DISCLOSURE OF RECORDS

A)  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ALL RECORDS CONTAINING PERSONAL DATA WHICH ARE CREATED, COLLECTED, USED, MAINTAINED OR DISSEMINATED PURSUANT TO THIS CHAPTER SHALL NOT BE PUBLIC RECORDS, AND SHALL BE GOVERNED BY THE PROVISIONS OF CHAPTER SIXTY-SIX A, THE NOTICE PROVISIONS OF SECTION SIXTY-THREE OF CHAPTER THIRTY AND THE ENFORCEMENT PROVISIONS OF SECTION THREE B OF CHAPTER TWO HUNDRED AND FOURTEEN.

B) ANY EMPLOYEE OF THE COMMISSION OR A DESIGNATED AGENCY WHO VIOLATES THE PROVISIONS OF CHAPTER SIXTY-SIX A, AS MODIFIED BY THIS SECTION, WITH RESPECT TO RECORDS CREATED OR MAINTAINED UNDER THIS CHAPTER SHALL BE PUNISHED BY A FINE

OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR IF HARM SHALL HAVE RESULTED TO ANY ONE WHOSE PRIVACY WAS SOUGHT TO BE PROTECTED BY THE PROVISION VIOLATED, BY A  FINE OF NOT MORE THAN ONE THOUSAND DOLLARS, AND IF SUCH EMPLOYEE IS EMPLOYED

BY THE COMMONWEALTH, HE SHALL ALSO BE SUBJECT TO ADMINISTRATIVE DISCIPLINARY ACTION PURSUANT TO REGULATIONS ADOPTED BY THE COMMISSION UNDER SECTION THREE OF THIS CHAPTER.

C) NO PROVISION OF CHAPTER SIXTY-SIX A, SECTION ONE HUNDRED AND THIRTY-FIVE OF CHAPTER ONE HUNDRED AND TWELVE OR THIS SECTION RELATING TO CONFIDENTIAL DATA OR CONFIDENTIAL COMMUNICATIONS SHALL PROHIBIT THE COMMISSION FROM MAKING REPORTS TO A DISTRICT ATTORNEY, THE ATTORNEY GENERAL, THE UNITED STATES ATTORNEY OR A DESIGNATED AGENCY PURSUANT TO THE PROVISIONS OF THIS CHAPTER.  NO PERSON PROVIDING NOTIFICATION OR INFORMATION TO A DISTRICT ATTORNEY, THE ATTORNEY GENERAL, THE UNITED STATES ATTORNEY OR A DESIGNATED AGENCY OR TESTIMONY IN ANY JUDICIAL OR NON-JUDICIAL PROCEEDING PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE LIABLE IN ANY CIVIL OR CRIMINAL ACTION BY REASON OF SUCH ACTION.

D) NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE PROSECUTORIAL POWER OF A DISTRICT ATTORNEY, THE ATTORNEY GENERAL OR THE UNITED STATES ATTORNEY.