Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3082 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2231 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3082
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kate Lipper-Garabedian
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act regarding information governance.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Lipper-Garabedian32nd Middlesex1/19/2023 1 of 2
16	16	HOUSE DOCKET, NO. 2231 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3082
18	18	By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No.
19	19	3082) of Kate Lipper-Garabedian for legislation to authorize public agencies and municipalities
20	20	to create, implement, maintain, and enforce a comprehensive information governance plan for
21	21	public records. State Administration and Regulatory Oversight.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 3195 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act regarding information governance.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 7 of Chapter 4 of the General Laws is hereby amended in clause
33	33	2twenty-sixth by inserting the following subclause:-
34	34	3 (k) protected by the attorney-client privilege, the work product doctrine, or other
35	35	4doctrinal protection from disclosure;
36	36	5 SECTION 2. Chapter 66 of the General Laws is hereby amended by adding the following
37	37	6section:-
38	38	7 Section 2. (a) For purposes of this section, the term “information governance
39	39	8plan” or “IG plan” shall mean a comprehensive set of protocols for the efficient retention and 2 of 2
40	40	9routine disposal of documents and data existing in any format or medium, whether or not said
41	41	10documents and data are deemed public records as defined in clause twenty-sixth of section 7 of
42	42	11chapter 4.
43	43	12 (b) Each agency and municipality subject to the requirements of this chapter with
44	44	13regard to public records shall create, implement, maintain, and enforce a comprehensive
45	45	14information governance plan, including, at minimum, protocols for: storage, naming, privacy,
46	46	15security, routine disposal and methods for halting that disposal when necessary, and appropriate
47	47	16sharing of documents and data existing in any format or medium.
48	48	17 (c) The IG plan shall comply with the state records retention schedule published
49	49	18and maintained by the secretary of the commonwealth.
50	50	19 (d) The IG plan shall itself be a public record, provided that any portions thereof
51	51	20protected from disclosure by one of the exemptions set forth in clause twenty-sixth of section 7
52	52	21of chapter 4 may be redacted prior to production.
53	53	22 (e) The Attorney General shall enforce the provisions of this section.