840 CMR: PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION

6.06: Access to Personal Data in Retirement Files by the Public Employee Retirement Administration
Commission, Retirement Boards, Medical Panel Physicians and the Office of the Attorney General

(1) The Commission, staff and representatives of the Public Employee Retirement Administration
Commission, members and staff of the retirement board, and medical panel physicians shall have access
to personal data in retirement files to the extent that their duties require such access.

(2) Whenever a data subject files or threatens to file a complaint against the Commonwealth, including
executive offices, agencies, or departments, or against any employee or officer of the Commonwealth,
concerning a matter within the scope of the office or employment with the Commonwealth, any personal
data concerning the data subject that is in the possession of the retirement board or the Public
Employee Retirement Administration Commission that is relevant to the determination of the issues in
dispute shall be provided to the Office of the Attorney General upon request. Such requests must be
in writing and contain a clear description of the data sought, the reason for the request and the intended
use of the data. In supplying such data, the retirement board or the Commission must redact any data
concerning non-parties. Any personal data indicating a violation of law may be referred to the Office
of the Attorney General for investigation and enforcement. Any assistant attorney general may further
disclose the personal data to the extent deemed necessary to defend the Commonwealth, officer or
employee effectively against the data subject’s claim. No data may be released where prohibited by
statute.

9/29/00

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