Collection of personal identifying information by government agencies

801 EXECUTIVE OFFICE CMR: EXECUTIVE 801 CMR: OFFICE FOR FOR ADMINISTRATION ADMINISTRATION AND AND FINANCE FINANCE

801 CMR 801 CMR 8.00: COLLECTION OF 8.00: COLLECTION OF PERSONAL PERSONAL IDENTIFYING IDENTIFYING INFORMATION INFORMATION BY BY GOVERNMENT GOVERNMENT AGENCIES AGENCIES

Section Section

8.01: 8.01: General Provisions General Provisions 8.02: 8.02: Definitions Definitions 8.03: 8.03: Demographic Collection Demographic Collection 8.04: 8.04: Data Availability Data Availability 8.05: 8.05: Standardized Information Standardized Information Collection Collection Form Form 8.06: 8.06: Waiver Process Waiver Process

8.01: General 8.01: General Provisions Provisions

Scope. 801 Scope. 801 CMR CMR 8.00 8.00 governs governs the the collection collection of of personal personal identifying identifying information information by by Government Agencies Government Agencies to to ensure ensure consistent consistent collection collection of of demographic demographic information information across across Government Agencies. Government Agencies.

8.02: Definitions 8.02: Definitions

As used As in 801 used in 801 CMR CMR 8.00, 8.00, unless the context unless the context requires requires otherwise, otherwise, the the following following terms terms have have the following the following meanings: meanings:

Agency. A Government Agency. Government legal entity A legal entity of of state state government government established established by the general by the general court court or or by by executive order executive order as as an an agency, agency, board, board, bureau, bureau, commission, commission, council, council, department, office, or department, office, or division division within the within the executive executive branch branch of of the the commonwealth with aa specific commonwealth with specific mission mission and and which which isis subject subject to the to the control control of of the the governor governor or or aa quasi-public quasi-public entity. entity.

Personal Identifying Personal Identifying Information. Information. Information: Information: (a) that (a) that directly directly identifies identifies an an individual, individual, including including name, address, social name, address, social security security number number oror other identifying other identifying number number oror code; code; (b) by (b) which an by which an agency agency intends intends toto identify specific individuals identify specific individuals inin conjunction conjunction with with other other data elements, data elements, which which shall shall include include indirect indirect identification identification that that may may compile compile an an identity, such identity, such as aa combination as combination of of gender, gender, race, birth date, race, birth date, geographic geographic indicator indicator and and other other descriptors; descriptors; or or (c) that (c) that permits permits the the physical physical oror online online contacting contacting ofof aa specific specific individual. individual.

Secretary. The Secretary. The Secretary Secretary of of the the Executive Executive Office Office for for Administration Administration and and Finance. Finance.

8.03: Demographic 8.03: Demographic Collection Collection

Every Government (1) Every (1) Government Agency Agency that that collects collects demographic demographic datadata asas to to the the race race oror ethnicity of ethnicity of residents of residents of the the commonwealth commonwealth shall shall use separate collection use separate collection and and tabulations tabulations for for such such groups groups as as are identified are identified inin guidance guidance issued issued by the Secretary, by the Secretary, which which shall shall include include but not be but not limited to: be limited to: (a) each (a) each major major Asian Asian group, group, asas reported reported by the United by the United States States Census Census Bureau, Bureau, including, including, but but not limited not limited to, Chinese, Japanese, to, Chinese, Japanese, Filipino, Korean, Vietnamese, Filipino, Korean, Vietnamese, Asian Asian Indian, Indian, Laotian, Laotian, Cambodian, Bangladeshi, Cambodian, Bangladeshi, Hmong, Indonesian, Malaysian, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Pakistani, Sri Taiwanese, Lankan, Taiwanese, Nepalese, Burmese, Nepalese, Tibetan and Burmese, Tibetan and Thai; Thai; (b) each (b) each major major Pacific Pacific Islander Islander group, group, as as reported reported by the United by the United States States Census Census Bureau, Bureau, including, but including, not limited but not limited to, Native Hawaiian, to, Native Hawaiian, Guamanian, Guamanian, Samoan, Samoan, Fijian Fijian and and Tongan; Tongan; each other (c) each (c) other Asian Asian oror Pacific Pacific Islander Islander group group notnot listed listed in in clause clause (i) (i) or or (ii); (ii); (d) each (d) each major major Black Black oror African African American American group, group, as as reported reported by the United by the United States States Census Census Bureau, including, Bureau, including, but not limited but not limited to, African American, to, African American, Jamaican, Jamaican, Haitian, Nigerian, Haitian, Nigerian, Ethiopian, Cape Ethiopian, Cape Verdean Verdean and and Somali; Somali; (e) each (e) each major major Latino Latino group, group, as as reported reported by the United by the United States States Census Census Bureau, Bureau, including, but including, but not limited not limited to,to, Mexican, Puerto Rican, Mexican, Puerto Rican, Cuban, Cuban, Salvadoran, Salvadoran, Dominican Dominican and and Colombian; Colombian; (f) each (f) each major major white white oror Caucasian Caucasian group, group, as as reported reported by the United by the United States States Census Census Bureau, Bureau, including, but including, not limited but not limited to,to, German, German, Irish, Irish, English, English, Italian, Italian, Polish, Polish, Portuguese Portuguese and and French; French; (g) each (g) each group group with with origins origins in in any any ofof the the original original peoples peoples of of North, North, Central, Central, and and South South America, including, America, including, but not limited but not limited to,to, Navajo Navajo Nation, Nation, Blackfeet Blackfeet Tribe Tribe ofof the the Blackfeet Blackfeet Indian Reservation Indian Reservation of of Montana, Native Village Montana, Native Village of of Barrow Barrow Inupiat Inupiat Traditional Traditional Government, Government, Nome Eskimo Nome Eskimo Community, Community, Aztec, Aztec, andand Maya; Maya; and and

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8.03: continued 8.03: continued

h. each h. each Middle Middle Eastern Eastern and and North North African African group, group, including including but not limited but not limited to, to, Lebanese, Lebanese, Iranian, Egyptian, Syrian, Iraqi, and Israeli. Iranian, Egyptian, Syrian, Iraqi, and Israeli.

(2) Each (2) Each Government Government Agency shall allow Agency shall allow an an individual individual to to choose choose more than 11 group, more than group, write write in in their own their own group group or or choose choose the the aggregate aggregate category. category.

(3) No (3) No Government Government Agency shall fill Agency shall fill out out racial racial or or ethnic ethnic information information unless unless directed directed by the by the individual or required by state or federal law to fill out such information on the individual's individual or required by state or federal law to fill out such information on the individual's behalf. behalf.

(4) The (4) The Secretary Secretary may may provide provide additional additional information information on on demographic demographic data data collected collected through through guidance. The guidance. The Secretary Secretary shall shall consider consider updating updating any any such such guidance guidance at at least least every every two two years, years, or or any time any time there there is is aa change change to to U.S. U.S. Census Census Bureau Bureau standards, standards, whichever whichever is is sooner. sooner.

8.04: Data 8.04: Data Availability Availability 1) 1) Except Except for for personal personal identifying identifying information, information, which which shall shall be deemed confidential, be deemed each confidential, each Government Agency Government Agency shall shall make make the the data data available available to to the the public public in in accordance accordance with with state state and and federal law. federal law. Data Data may may be maintained in be maintained in paper, electronic or paper, electronic or other other media media form. form. At At minimum, minimum, data data will be will made available be made available upon upon request. request. Government Government Agencies Agencies are are encouraged encouraged to to the the extent extent feasible feasible to make to make data data collected collected under under 801 801 CMR CMR 8.03 8.03 available available on on their their website, website, such such as as with with aa data data dashboard or dashboard or downloadable downloadable file. file.

(2) To (2) To prevent prevent identification identification of of individuals, individuals, the the data data may may be aggregated into be aggregated into categories at aa categories at state, county, state, county, city, census tract city, census tract or or zip zip code code level level to to facilitate facilitate comparisons, to identify comparisons, to disparities identify disparities and to and to be be included included inin studies studies and and reports. reports.

(3) Each (3) Each Government Government Agency shall take Agency shall take appropriate appropriate measures measures to to ensure ensure that that no no personal personal identifying information identifying information is is publicly publicly released. released.

(4) Nothing (4) Nothing provided provided in in 801 801 CMR CMR 8.04 8.04 shall shall be be construed construed toto prevent prevent any any other other government government agency from agency from posting posting data data collected collected on on the the agency's agency's website website in in aa manner manner prescribed prescribed in in 801 801 CMR CMR 8.04. 8.04.

(5) All (5) All data data collected collected by Government Agencies by Government Agencies under under M.G.L. M.G.L. c. c. 6A, 6A, §§ 109 109 and and 801 801 CMR CMR 8.00 8.00 will be will subject to be subject to state state and and federal federal privacy privacy laws, laws, including, including, but not limited but not limited to, Title 13 to, Title 13 of of the the United States United States Code Code andand M.G.L. M.G.L. c. 93H, §§ 22 as c. 93H, as well well as as 801 801 CMR CMR 3.00: Privacy and 3.00: Privacy and Confidentiality. Confidentiality.

Standardized Information 8.05: Standardized 8.05: Information Collection Collection Form Form

Each Government (1) Each (1) Government Agency shall establish Agency shall establish its its own own standardized standardized information information collection collection form, form, or forms to collect information that is appropriate to its programs. or forms to collect information that is appropriate to its programs.

(2) To (2) To the the extent extent feasible, each Government feasible, each Government Agency will base Agency will its standardized base its standardized collection collection form, form, or forms, or forms, on on aa model model standardized standardized information information collection collection form form provided provided by the Secretary. by the Secretary. The The form must: form must: (a) include (a) include all all data data required required in in 801 801 CMR CMR 8.03, 8.03, including including each each group group identified identified in in the the guidance issued guidance issued by the Secretary, by the Secretary, (b) allow (b) allow for for collating collating data data throughout throughout the the Government Government Agency, Agency, andand (c) include (c) include aa standardized standardized written written disclosure disclosure toto the the individual individual completing completing the the form form that that information collection information collection isis voluntary and that voluntary and that nonparticipation nonparticipation in in information information collection collection will will have no impact have no impact on on an an individual's individual's eligibility eligibility for for state state services. services.

(3) Any (3) information collection Any information collection form form must must include include options options to to ensure ensure that that individuals individuals are are able able to to accurately self accurately self identify. identify.

(4) The (4) The Secretary Secretary will will prescribe prescribe through through guidance guidance the the format format and and organization organization by which data by which data required in required in 801 801 CMR CMR 8.03 8.03 be reported or be reported or provided provided under under 801 801 CMR CMR 8.04 8.04 to to ensure ensure standardized standardized provision of provision of data data across across Government Government Agencies. Agencies.

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Each Government (5) Each (5) Government Agency will also Agency will also ensure ensure that that data data collected collected and and made made available available under under 801 CMR 801 CMR 8.05 8.05 is is updated updated at at least least annually. annually.

8.06: Waiver Process 8.06: Waiver Process

(1) A (1) Government Agency A Government Agency maymay apply apply to to the the Secretary Secretary for for aa programmatic programmatic or or partial partial waiver waiver from the from the requirements requirements ofof 801 801 CMR CMR 8.00 if aa Government 8.00 if Government Agency Agency can can demonstrate demonstrate that: that: (a) there (a) there are are contradictory contradictory obligations obligations under another state under another state or or federal federal law; law; (b) the (b) the information information cannot cannot be collected without be collected imposing aa burden without imposing burden that that significantly significantly outweighs the outweighs the benefits benefits of of collection; collection; or or (c) the (c) the information information collected collected cannot cannot be be reported reported in in aa way way that that protects protects personal personal identifying identifying information. information.

(2) The (2) The Secretary Secretary may may provide provide aa programmatic programmatic or or partial partial waiver waiver using using aa standard standard application application form which will be time limited and may be renewable if the agency so requests. form which will be time limited and may be renewable if the agency so requests.

(3) Any (3) Government Agency Any Government requesting aa waiver Agency requesting waiver under under 801 801 CMR CMR 8.06 8.06 must must submit submit to to the the Secretary all Secretary all required required information information and and attest attest that that the the information information cannot cannot be be collected collected without without imposing aa burden imposing burden that that significantly significantly outweighs outweighs the the benefits benefits of of collection. collection.

REGULATORY AUTHORITY REGULATORY AUTHORITY

800 CMR 800 CMR 8.00: 8.00: M.G.L. M.G.L. c. 6A, §§ 109. c. 6A, 109.

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