HOUSE DOCKET, NO. 826        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 57

The Commonwealth of Massachusetts

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PRESENTED BY:

Kay Khan

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the disclosure of information held by the Disabled Persons Protection Commission.

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PETITION OF:

HOUSE DOCKET, NO. 826        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 57

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 142 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to the disclosure of information held by the Disabled Persons Protection Commission.

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 2008 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 containg 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 66A, the  notice provisions of section 63 of chapter 30 and the enforcement provisions of section 3B of chapter 214.

B) Any employee of the commission or a designated agency who violates the provisions of chapter 66A, 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 $500, 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 $1,000,  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 3 of this chapter.

C) No provision of chapter 66A, section 135 of chapter 112 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.