Chapter 04. Personal Records
Regulation .01 General.LinkCopy Citation
These regulations set out procedures which govern the form and method for submission of an annual report to the Department of General Services which describes personal records kept by a unit or instrumentality of the State government.
Regulation .02 Definitions.LinkCopy Citation
A.
The following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Personal record” means a public record that names or, with reasonable certainty, otherwise identifies an individual by an identifying factor such as:
(a)
An address;
(b)
A description;
(c)
A finger or voice print;
(d)
A number; or
(e)
A picture.
(2)
“Secretary” means the Secretary of General Services or the Secretary's designee.
Regulation .03 Annual Report.LinkCopy Citation
A.
A unit or instrumentality of the State government which keeps personal records shall submit an annual report to the Secretary.
B.
This regulation does not apply to a:
(1)
Unit in the Legislative branch of State government;
(2)
Unit in the Judicial branch of State government; or
(3)
Board of license commissioners.
C.
The annual report shall state:
(1)
The name of the unit or instrumentality;
(2)
For each set of the personal records:
(a)
The name,
(b)
The location, and
(c)
If a subunit keeps the set, the name of the subunit;
(3)
For each set of personal records that has not been previously reported:
(a)
The category of individuals to whom the set applies,
(b)
A brief description of the types of information the set contains,
(c)
The major uses and purposes of the information,
(d)
By category, the source of information for the set, and
(e)
The policies and procedures of the unit or instrumentality as to access and challenges to the personal record by the person in interest and storage, retrieval, retention, disposal, and security, including controls on access;
(4)
For each set of personal records that has been disposed of or changed significantly since the unit or instrumentality last submitted a report, the information required under §C(3) of this regulation.
D.
A unit or instrumentality that has two or more sets of personal records may combine the personal records in the report only if the character of the personal records is highly similar.
Regulation .04 Form and Method of Reporting Personal Records.LinkCopy Citation
A.
The Secretary shall develop and issue forms and instructions annually which enable units and instrumentalities of State government, other than those identified in Regulation .03B, to comply with the requirements of this chapter.
B.
The Secretary shall request, by June 1 of each year, a fiscal year annual report of personal records. The report shall be due within 60 days of the Secretary's request.
Regulation .05 Public Inspection.LinkCopy Citation
The Secretary shall make the annual report available for public inspection in accordance with COMAR 04.01.01.
Chapter annotations
Authority: State Government Article, §10-624 Annotated Code of Maryland
History: Effective date: Regulations .01—.05 effective October 6, 1986 (13:20 Md. R. 2207)