How long do I have to notify Massachusetts residents after a data breach?
As soon as practicable and without unreasonable delay
Do I have to notify the Massachusetts Attorney General?
Yes — written notice to the AG and OCABR as soon as practicable and without unreasonable delay
Does Massachusetts require notification to nationwide consumer reporting agencies?
Yes — if more than 500 residents, notify nationwide CRAs
Is encrypted data exempt from Massachusetts's breach notification requirement?
Yes — Massachusetts has an encryption safe harbor. Breaches of properly encrypted personal information generally do not trigger notification, provided the encryption key was not also compromised.
Can Massachusetts residents sue me directly for a data breach?
No — Massachusetts's breach statute does not provide a direct private right of action. Residents typically must rely on the AG to enforce, or pursue common-law negligence claims.
What counts as 'personal information' under Massachusetts law?
First name/initial + last name with SSN, DL/state ID, financial account + access code; ALSO biometric data and credentials in some readings of 93H
What are the penalties for failing to comply with Massachusetts's breach notification law?
Up to $5,000 per violation under MA Consumer Protection Act + 24 months of free credit monitoring if SSN affected (18 months for non-SSN)