840 CMR: PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION

6.10: Access to Personal Data in Retirement Files by the General Public

(1) Any person may request access to public records in a member's retirement file pursuant to the
procedures provided in 840 CMR 6.11 and M.G.L. c. 66, § 10.

(2) If the custodian determines that data requested are not a public record, he or she shall deny access
unless such dissemination of the record is:
      (a) authorized by a statute or regulation consistent with the purposes of M.G.L. c. 66A or
      840 CMR 6.00;
      (b) requested by an employer consenting to observe the provisions of M.G.L. c. 66A applicable
      to holders of personal data as provided in 840 CMR 6.08;
      (c) approved in writing by the member, and the member has a right to access to the requested
      records by law or 840 CMR 6.00; or
      (d) requested by a physician treating a data subject during a medical or psychiatric emergency
      which precludes the data subject from approving disclosure; provided that notice of disclosure shall
      be given to the data subject upon termination of the emergency.

(3) Any person seeking access to personal data that is not subject to release in a member's file
pursuant to 840 CMR 6.10(1)(c) shall submit a written request to the Custodian stating the name of
the member and specifying the information sought. Upon receipt of a request, the Custodian shall send
a letter to the member describing these procedures, explaining that the member is under no legal
obligation to consent to the release of the information, and enclosing the request. If the member
consents in writing to the requested access, the custodian shall grant access as requested. If the
member does not respond, or does not so consent, the Custodian shall deny access. The Custodian
shall furnish the member, upon request, a copy of any personal data that has been disclosed.

9/29/00

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