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<regulation prefix="Regulation" num=".05" citation="COMAR 10.25.05.05" title_num="10" subtitle_num="25" chapter_num="05" heading="Requests for Data from Governmental Entities.">
  <paragraph num="A.">
    <text>A governmental entity requesting data shall submit a written data request in the form and manner specified by the Commission that shall:</text>
    <paragraph num="(1)">
      <text>Be signed by the agency head or chief executive officer of a governmental entity; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The written data request submitted in accordance with §A of this regulation shall include at a minimum:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A description of, and reasons for, any proposed linkages to other data;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The safeguards against re-identification of an individual in a product that will be created or published publicly by the governmental entity.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Make a final decision in accordance with Regulation .10A—C of this chapter; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Falls within the public interest uses described in Regulation .01B of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Meets the applicable criteria for approval in Regulation .09C of this chapter; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Should be disapproved for any of the reasons in Regulation .09D of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>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.</text>
  </paragraph>
</regulation>