Md. Code Regs. 10.25.05.05

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.25.05.05 - Requests for Data from Governmental Entities

A. A governmental entity requesting data shall submit a written data request in the form and manner specified by the Commission that shall:

(1) Be signed by the agency head or chief executive officer of a governmental entity; and

(2) Include a signed statement by a governmental entity's legal counsel that the governmental entity has legal authority to use the requested data for the purpose described in the written data request.

B. The written data request submitted in accordance with §A of this regulation shall include at a minimum:

(1) A description of the proposed purpose and use of the data requested and, if applicable, a description of an intention to incorporate the data requested into a product;

(2) A description of, and reasons for, any proposed linkages to other data;

(3) A data management plan that demonstrates appropriate privacy and security controls for access and storage of the data and for protection against inadvertent and unauthorized access and disclosure of the data; and

(4) The safeguards against re-identification of an individual in a product that will be created or published publicly by the governmental entity.

C. The Executive Director may make a final decision on whether to approve, approve with conditions, or disapprove a governmental entity's data request provided that, prior to making a final decision, the Executive Director considers each of the criteria for approval and each reason for disapproval described in §E of this regulation.

D. The Executive Director may exercise the discretion not to make a final decision on a governmental entity's request for data and refer the data request to the DRAC for review and a written recommendation in accordance with Regulation .09 of this chapter. Upon receipt of a written report and recommendation from the DRAC, the Executive Director may, in the Executive Director's discretion, either:

(1) Make a final decision in accordance with Regulation .10A"C of this chapter; or

(2) Refer the DRAC's report and recommendation to a panel of three Commission members or the full Commission in accordance with Regulation .10D"E of this chapter for a decision on the data request.

E. In reviewing and making a recommendation or final decision on whether a data request shall be approved, approved with conditions, or disapproved, the Executive Director, the DRAC, a panel of three Commission members, or the full Commission, as applicable, shall determine whether the proposed use of the data requested:

(1) Falls within the public interest uses described in Regulation .01B of this chapter;

(2) Meets the applicable criteria for approval in Regulation .09C of this chapter; or

(3) Should be disapproved for any of the reasons in Regulation .09D of this chapter.

F. Prior to the receipt of data pursuant to an approved data request, a governmental entity shall enter into a written data use agreement with the Commission in accordance with Regulation .13 of this chapter.

Md. Code Regs. 10.25.05.05

Regulation .05 adopted effective 48:25 Md. R.1071-1098, eff. 12/13/2021