Kevin Rothstein v. Executive Office of Technology Services and Security (SPR 20190407)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 25, 2019 SPR19/0407 Michelle Burwell Records Access Officer Executive Office of Technology Services and Security 1 Ashburton Place, #804 Boston, MA 02108 Dear Ms. Burwell: I have received your petition on behalf of the Executive Office of Technology Services and Security (EOTSS) seeking an extension of time to furnish copies of a requested record, or any portion thereof. G. L. c. 66, § lO(c); see also 950 C.M.R. 32.06(4). As required by law, EOTSS furnished a copy of this petition to the requestor. Specifically, on January 31, 2019, Kevin Rothstein requested "[b]reach notifications required under MGL ch. 93H made since Jan. 1, 2013 through to the present day"; "EOTSS's current disaster plan"; and "[a] list, report or any other document containing the name of all databases, spreadsheets or other electronic collections of information that are maintained by, used by or otherwise in the custody ofEOTSS." Petitions for an extension of time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Michelle Burwell SPR19/0407 Page 2 February 25, 2019 (vi) the public interest served by expeditious disclosure. G. L. c. 66 § lO(c). The filing of a petition does not affect the requirement that a Records Access Officer (RAO) shall provide an initial response to a requester within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4 )(b ). Current petition In EOTSS's petition dated February 15, 2019, EOTSS "respectfully requests an extension to the public records request submitted on January 31, 2019." On February 25, 2019, you informed a member of the Public Records Division staff that Mr. Rothstein agreed to an extension for EOTSS to respond to his public records request. Conclusion In light of the requestor's agreement, it is not necessary to opine on EOTSS's petition for an extension of time to furnish responsive records. See G. L. c. 66, § lO(b )(vi) ("the requestor may voluntarily agree to a response date beyond the timeframes set forth herein"). EOTSS is advised it must provide the records without delay in a manner consistent with the Public Records Law and its Access Regulations. The requestor may appeal the substantive nature of EOTSS response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Kevin Rothstein