Todd Wallack v. Department of Criminal Justice Information Services (SPR 20242087)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 6, 2024 SPR24/2087 Agapi Koulouris, Esq. General Counsel Department of Criminal Justice Information Services 200 Arlington Street, Suite 2200 Chelsea, MA 02150 Dear Attorney Koulouris: I have received the petition of Todd Wallack, of WBUR, appealing the nonresponse of the Massachusetts Department of Criminal Justice Information Services (DCJIS) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 5, 2024, Mr. Wallack requested: [1] Any data showing the number of times that people with access to the CJIS systems have accessed [an identified individual’s] CORI report without good reason to do so since January 1, 2019.(Alternatively, if you do not have that data available, please provide the total number of times that users have accessed [an identified individual’s] CORI report since Jan. 1, 2019.) [2] Any data showing the number of times that people with access to the CJIS systems have accessed [an identified individual’s] CORI report without good reason to do so since January 1, 2019. (Alternatively, if you do not have that data available, please provide the total number of times that users have accessed [an identified individual’s] CORI report since Jan. 1, 2019.) [3] Any data showing the number of times that people with access to the CJIS systems have accessed [an identified individual’s] CORI report without good reason to do so since January 1, 2019. (Alternatively, if you do not have that data available, please provide the total number of times that users have accessed [an identified individual’s CORI report since Jan. 1, 2019.) [4] Any data showing the number of times that people with access to the CJIS systems have accessed [an identified individual’s] CORI report without good reason to do so since Jan. 1, 2019. (Alternatively, if you don’t have that data 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

Agapi Koulouris, Esq. SPR24/2087 Page 2 August 6, 2024 available, please just report the total number of times that users have accessed [an identified individual’s]s CORI report since Jan. 1, 2019.) Please note that [an identified individual] filed a privacy waiver with the agency allowing anyone to access that data. [5] Any audits DCJIS has created or received since 2019 on people improperly accessing CORI reports. [6] Any statistics DJCIS has compiled since 2019 on misuse of CORI data. Claiming to not yet have received responsive records, Mr. Wallack petitioned this office and this appeal, SPR24/2087, was opened as a result. Despite being notified of the opening of this appeal, it remains unclear whether DCJIS has provided a response. Accordingly, DCJIS is ordered to provide Mr. Wallack with a response to the request, provided in a manner consistent with this order, the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Mr. Wallack may appeal the substantive nature of DCJIS’ response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Todd Wallack