Massachusetts Data Privacy Laws: Security Rules & Consumer Rights (2026)

Massachusetts data privacy law operates through 201 CMR 17.00, which requires a Written Information Security Program, M.G.L. c. 93H breach notification, and M.G.L. c. 93A enforcement. No comprehensive consumer privacy law is in effect; the Senate passed its version of the Massachusetts Data Privacy Act (S.2608) 40-0 in September 2025, the House passed its own competing version (H.5479) 146-0 in June 2026, and a conference committee has been reconciling the two bills since June 2026.

Massachusetts takes a sectoral approach to data privacy. The Commonwealth protects personal information through a combination of strict data security regulations, an aggressive breach notification law, a powerful consumer protection enforcement framework, and targeted sectoral statutes covering students, employees, and vehicle data. No single comprehensive consumer privacy law is yet in force.

That picture is changing. The Massachusetts Senate unanimously passed its version of the Massachusetts Data Privacy Act on September 25, 2025, and the House unanimously passed its own competing version, H.5479, 146-0 on June 4-5, 2026. The two bills disagree on enforcement and on the rules for selling sensitive data, and a six-member conference committee has been reconciling them since June 2026. If a compromise bill is enacted, Massachusetts residents would gain rights to access, correct, and delete their data, and companies would face strict limits on selling sensitive information.

This guide covers every major Massachusetts data privacy law currently in effect, the pending legislation, the enforcement record, and what businesses and residents need to know right now.

The Legal Framework at a Glance

Massachusetts data privacy law rests on four pillars: the data security regulation (201 CMR 17.00), the breach notification law (M.G.L. c. 93H), the records disposal law (M.G.L. c. 93I), and the consumer protection law (M.G.L. c. 93A). Each plays a distinct role, and violations of the first three are channeled through the fourth for enforcement.

The state also has sectoral statutes covering student records, vehicle telematics, employee wiretap rights, and nonconsensual intimate images. Federal law adds overlapping requirements through HIPAA, GLBA, FCRA, COPPA, and the FTC Act.

201 CMR 17.00: The Data Security Regulation

201 CMR 17.00 is the foundation of Massachusetts data privacy compliance. Effective since March 1, 2010, it is one of the most technically prescriptive data security regulations in the United States. The Office of Consumer Affairs and Business Regulation (OCABR) promulgated it under the authority of M.G.L. c. 93H.

Who Must Comply

Every person, business, or entity that owns or licenses personal information about a Massachusetts resident must comply, regardless of the entity's physical location. A company headquartered in California that stores the name and Social Security number of even one Massachusetts resident is fully subject to 201 CMR 17.00.

Personal information under the regulation means a Massachusetts resident's first name and last name (or first initial and last name) combined with any one of the following:

• Social Security number
• Driver's license number or state-issued identification card number
• Financial account number, credit card number, or debit card number (with or without any security code, access code, or password that would permit access to the account)

Publicly available information lawfully obtained from government records is excluded.

The Written Information Security Program (WISP)

The most significant requirement under 201 CMR 17.00 is the Written Information Security Program. Under Section 17.03, every covered entity must develop, implement, maintain, and monitor a comprehensive written security program. The WISP must be appropriately scaled to the organization's size, resources, and data volume. At a minimum, it must address:

• Designation of one or more employees responsible for the program
• Identification and assessment of reasonably foreseeable internal and external risks
• Employee security policies, including procedures for terminated employees
• Disciplinary measures for WISP violations
• Oversight of third-party service providers
• Reasonable restrictions on physical access to records
• Regular monitoring, annual review, and updates when business practices change
• Documentation of responsive actions taken after a breach

A one-person business with a small customer list may have a shorter WISP than a hospital network, but every covered entity needs a written plan that addresses every element above.

Technical Requirements (Section 17.04)

Section 17.04 imposes specific technical controls on any computer system that stores or transmits personal information:

Authentication. Organizations must use a reasonably secure method for assigning passwords or use unique identifier technologies such as biometrics or token devices. Systems must block access after multiple unsuccessful login attempts. Default vendor-supplied passwords must be changed.

Access control. Access to personal information must be restricted to employees who need it to perform their job. Each user must have a unique login credential.

Encryption in transit. All records containing personal information transmitted across public networks or wirelessly must be encrypted.

Encryption at rest on portable devices. Personal information stored on laptops and other portable devices must be encrypted.

Firewall and patch management. Systems connected to the internet that contain personal information must run reasonably up-to-date firewall protection and operating system security patches.

Malware protection. Systems must have up-to-date security software with malware protection set to receive regular updates.

Monitoring. Organizations must maintain reasonable monitoring to detect unauthorized access to personal information.

Employee training. Employees must be educated on the proper use of the computer security system and the importance of personal information security.

These requirements make Massachusetts significantly more prescriptive than most states, which use a general "reasonable security" standard without specifying encryption thresholds, firewall requirements, or authentication controls.

Chapter 93H: Data Breach Notification

M.G.L. c. 93H establishes Massachusetts' data breach notification requirements. The law was originally enacted in 2007 and significantly strengthened by Chapter 444 of the Acts of 2018, effective April 10, 2019.

What Qualifies as a Breach

Under Section 1, a breach of security is the unauthorized acquisition or unauthorized use of unencrypted data, or encrypted data together with the confidential process or key, that creates a substantial risk of identity theft or fraud against a Massachusetts resident.

A good-faith but unauthorized acquisition of personal information by an employee for lawful business purposes is not a breach, unless the information is used in an unauthorized manner or subject to further unauthorized disclosure.

Encrypted data is defined as data transformed using an algorithm with a 128-bit or higher key strength.

Who Must Be Notified

Under Section 3, when a breach occurs, the entity that owns or licenses the data must notify three parties as soon as practicable and without unreasonable delay:

1. The Attorney General
2. The Director of the Office of Consumer Affairs and Business Regulation
3. Each affected Massachusetts resident

Entities that maintain data on behalf of another entity must notify the data owner promptly so the owner can fulfill its notification obligations.

Required Notice Content

Notice to the Attorney General and OCABR Director must include:

• The nature of the breach and the type of personal information compromised
• The number of Massachusetts residents affected
• The name and address of the breached entity
• Whether the entity maintains a WISP
• Whether the entity is the owner or a licensee of the data

Notice to affected residents must include the right to file a police report, information about security freezes, and credit monitoring details. Under Section 3(d), if the breached entity is owned by another person or corporation, the notice to the resident must also give the name of the parent or affiliated corporation. Importantly, the resident notice must not state the nature of the breach or the number of affected residents.

Credit Monitoring Requirement

Under Section 3A, when a breach involves Social Security numbers, the entity must provide affected residents with 18 months of free credit monitoring through a third-party vendor. Consumer reporting agencies must offer 42 months. The law prohibits requiring residents to waive their right to sue as a condition of receiving monitoring services.

Chapter 93I: Records Disposal

M.G.L. c. 93I completes the data lifecycle framework. When personal information is no longer needed, covered entities must dispose of it properly. Paper records must be redacted, burned, pulverized, or shredded. Electronic and non-paper media must be destroyed or erased so the information cannot practicably be read or reconstructed.

Third-party disposal vendors must implement and monitor compliance policies that prohibit unauthorized access during collection, transportation, and disposal. Civil fines run up to $100 per affected data subject, capped at $50,000 per instance of improper disposal.

Enforcement: Chapter 93A and the Attorney General

M.G.L. c. 93H, Section 6 routes enforcement through M.G.L. c. 93A, the Massachusetts consumer protection law. A proven violation of Chapter 93H is treated as a per se violation of Chapter 93A.

What the AG Can Do

The Attorney General can investigate through civil investigative demands, bring civil enforcement actions, seek injunctive relief, and seek civil penalties. Under Chapter 93A, civil penalties run up to $5,000 per violation. When violations are willful or in bad faith, the AG can also seek multiple damages.

Private Right of Action

Chapter 93A provides consumers with a private right of action. Before filing suit, a consumer must send a 30-day demand letter. If the case goes to court and the defendant willfully and knowingly violated the law, damages can be trebled. The prevailing plaintiff recovers reasonable attorney fees and costs. This treble damages provision makes Massachusetts one of the highest-stakes states for data privacy litigation.

Real Enforcement Actions

Peabody Properties (August 2025). AG Andrea Campbell secured a $795,000 settlement against Peabody Properties, Inc., a Braintree-based property management company. Between November 2019 and September 2021, Peabody experienced five separate phishing-based intrusions that exposed Social Security numbers, driver's license data, and bank account information of nearly 14,000 Massachusetts residents. The AG alleged that Peabody unlawfully delayed notifying the Attorney General and affected residents, with the first two incidents unreported until nearly seven months after they occurred. The consent judgment requires multi-factor authentication, phishing protection, vulnerability management, and three years of regulatory oversight.

Earnest Operations (2025). AG Campbell reached a $2.5 million settlement with a student loan lender for using AI models that created disparate harm to Black, Hispanic, and non-citizen applicants, in violation of consumer protection and data privacy laws.

AG AI Advisory (April 2024). On April 16, 2024, AG Campbell issued a formal advisory confirming that Massachusetts consumer protection, civil rights, and data privacy laws apply to artificial intelligence systems. Developers, deployers, and users of AI are subject to existing Massachusetts law.

The AG's Privacy and Data Security Division

The AG maintains a dedicated Data Privacy and Security Division that investigates violations of Chapter 93A, Chapter 93H, and 201 CMR 17.00. The division publishes annual data breach notification reports documenting every breach reported to the office.

Pending Comprehensive Privacy Legislation

Massachusetts Data Privacy Act (S.2608/S.2619 and H.5479)

On September 25, 2025, the Massachusetts Senate unanimously passed the Massachusetts Data Privacy Act on a 40-0 bipartisan vote, later re-engrossed as S.2619. The House did not simply take up the Senate bill. On June 4-5, 2026, the House unanimously passed its own competing version, H.5479, on a 146-0 vote.

Because the two chambers passed different bills, a six-member conference committee (Senators Cindy Creem, Barry Finegold, and Patrick O'Connor; Representatives Mike Moran, Tricia Farley-Bouvier, and David Vieira) has been meeting since June 2026 to reconcile them, and was still working as of a public session on July 30, 2026. As of this writing, no compromise bill has reached Governor Healey's desk, and Massachusetts residents currently have no rights under either version. Treat the following as each chamber's original proposal, not the likely final text.

Where the two bills agree. Both versions would give consumers the right to know what personal data is collected, access it, correct inaccuracies, delete it, and opt out of targeted advertising and data sales. Both include heightened protections for minors, including a ban on using minors' data for targeted advertising, and both limit data collection to what is reasonably necessary for the service.

Where the two bills differ. The Senate bill bans the sale of sensitive data outright, covering health information, biometric identifiers, precise geolocation, religious affiliation, immigration status, sexual orientation, gender identity, race, and ethnicity. It gives the Attorney General exclusive enforcement authority and includes a 60-day cure period for violators, set to sunset in June 2027. The House bill instead allows sensitive-data sales with a consumer's affirmative consent, except for precise geolocation data, which stays banned outright either way. The House bill also adds a private right of action for "large data holders," meaning companies that process data on 2 million or more consumers, or sensitive data on 200,000 or more consumers, and it eliminates the cure period entirely. The Senate bill's provisions would mostly take effect January 1, 2027; the House bill delays implementation to July 1, 2027, and raises the applicability threshold from 60,000 to 100,000 consumers.

The Senate bill received endorsements from the ACLU of Massachusetts, Planned Parenthood Advocacy Fund of Massachusetts, Massachusetts AFL-CIO, and the Electronic Privacy Information Center. Senate President Karen Spilka described it as providing "some of the best data privacy protections in the country."

Massachusetts Biometric Privacy Act (S.43)

S.43, "An Act to protect personal biometric data," was reported favorably by the Advanced Information Technology, the Internet and Cybersecurity committee and referred to the Senate Committee on Ways and Means in May 2025. If enacted, the bill would require written consent before collecting biometric identifiers (fingerprints, facial scans, voice prints), prohibit selling biometric data, and allow private plaintiffs to sue for at least $5,000 per violation. The bill remains in committee as of May 2026.

Additional Privacy Protections

Nonconsensual Intimate Images and Deepfakes

Governor Healey signed An Act to Prevent Abuse and Exploitation on June 20, 2024, making Massachusetts the 49th state to prohibit nonconsensual sharing of intimate images. The law covers authentic images and computer-generated "deepfakes" that purport to depict a real person in a sexually explicit manner. It also expands the criminal harassment statute and broadens the definition of abuse under Chapter 209A to include coercive control.

Right of Privacy (Chapter 214, Section 1B)

M.G.L. c. 214, Section 1B establishes a general right of privacy for Massachusetts residents. A person has the right against unreasonable, substantial, or serious interference with their privacy. Courts have applied this statute in data privacy disputes where no other specific statute applies.

Wiretap Law (Chapter 272, Section 99)

M.G.L. c. 272, Section 99 makes Massachusetts a two-party consent state. Recording a phone call, intercepting an email, or monitoring employee communications without the consent of all parties is a criminal offense punishable by up to 5 years in state prison, a fine of up to $10,000, or both. Civil remedies are also available. Businesses that record customer service calls must disclose the recording to all parties and obtain consent.

Student Data Privacy (603 CMR 23.00)

The Massachusetts Student Records Regulations operate alongside FERPA to protect student data. School districts must designate a student data manager and maintain a privacy and security policy addressing data breach planning and notification. Relevant statutes include M.G.L. c. 71, Sections 34D, 34E, 37H, and 87.

Right to Repair and Vehicle Data

Massachusetts voters approved a ballot initiative in 2020 requiring vehicles sold in Massachusetts that use telematics systems to provide an open-access platform making vehicle-generated mechanical data available to owners and independent repair facilities. Automakers challenged the law in federal court. As of early 2026, the matter is before the First Circuit on appeal from a federal district court ruling.

Federal Overlay

Several federal laws create data privacy obligations for Massachusetts residents and businesses independent of state law.

TAKE IT DOWN Act (Pub. L. 119-12, signed May 19, 2025). Criminalizes the knowing publication or threatened publication of nonconsensual intimate images, including AI-generated deepfakes. The criminal provisions took effect immediately. As of May 19, 2026, covered platforms must maintain a notice-and-removal process and remove reported images within 48 hours. The FTC enforces platform compliance and may seek civil penalties of up to $53,088 per violation.

HIPAA. Covered entities and business associates handling protected health information of Massachusetts residents must comply with HIPAA's Privacy Rule, Security Rule, and Breach Notification Rule. HIPAA-regulated entities are generally exempt from state privacy law requirements.

GLBA. Financial institutions, including banks, insurance companies, and mortgage brokers, must comply with the Gramm-Leach-Bliley Act's Safeguards Rule, which requires a written information security program similar in structure to Massachusetts' WISP requirement.

FCRA / FACTA. Consumer reporting agencies and users of consumer reports must comply with the Fair Credit Reporting Act, including the FACTA Disposal Rule requiring proper destruction of consumer report information.

COPPA. Operators of websites and online services directed to children under 13 must obtain verifiable parental consent before collecting personal information.

FTC Act Section 5. The FTC's authority to prohibit unfair or deceptive practices applies to all businesses regardless of whether a specific privacy statute covers them.

American Privacy Rights Act (APRA). The bipartisan federal privacy bill introduced in 2024 did not pass the 118th Congress and had not been reintroduced in the 119th Congress as of May 2026. No federal comprehensive consumer privacy law is in effect.

How Massachusetts Compares to Other States

Massachusetts stands out for the strength of its data security requirements and enforcement mechanism, even without a comprehensive privacy law.

The 201 CMR 17.00 technical controls (specific encryption standards, firewall requirements, access controls) make Massachusetts more prescriptive than most states, which use a general "reasonable security" standard.

Penalty Structure

Practical Compliance Steps for Businesses

Businesses that collect personal information about Massachusetts residents should take the following steps now, regardless of what the final compromise data privacy bill turns out to require:

Audit your data. Identify every location where you store name-plus-SSN, name-plus-driver's license, or name-plus-financial account number. Any database, spreadsheet, or paper file containing that combination is in scope for 201 CMR 17.00.

Write and maintain a WISP. The WISP must be a written document, not a general intention. It must address every element in Section 17.03. Update it annually and whenever your business practices change.

Meet the technical controls. Ensure that all data crossing public networks is encrypted, all portable devices storing personal information are encrypted, secure user authentication protocols are in place, and access is limited to those who need the data. 201 CMR 17.04 does not itself require multi-factor authentication, but the Attorney General has required it as a remedial measure in enforcement settlements, so treat it as expected practice rather than an optional extra.

Know your breach notification timeline. Massachusetts requires notification "as soon as practicable and without unreasonable delay." In the Peabody Properties matter the Attorney General alleged that a delay of nearly seven months violated that standard, and the company resolved the claims through a $795,000 consent judgment rather than litigate them. That is a measure of enforcement exposure, not a court ruling fixing an outer limit. Legal counsel typically advises notification within 30 days of confirmation, and sooner if the breach involves Social Security numbers.

Vet your vendors. Your WISP must address third-party service providers. Require contracts that obligate vendors to maintain appropriate security measures and to notify you immediately if a breach occurs.

Prepare for the pending law. With both the Senate and House having passed their own comprehensive privacy bills and a conference committee reconciling them, now is the right time to build data inventories, draft consumer request procedures, and assess your sensitive data practices ahead of whichever compromise terms take effect.

How Massachusetts Residents Exercise Their Privacy Rights

Under current law, Massachusetts residents have the following avenues:

Request your data security audit results. If you suspect a business has your personal information, you can contact it and ask whether it has a WISP in place and whether it has suffered a breach affecting your data.

File a breach notification complaint. If a business that suffered a breach affecting you failed to notify you promptly, you can file a complaint with the Attorney General's office and the Office of Consumer Affairs and Business Regulation.

File a Chapter 93A demand letter. You can send a 30-day demand letter to a business you believe violated your data privacy rights under Chapter 93H or 201 CMR 17.00. If the business does not respond with a reasonable offer, you may file suit in Superior Court.

Place a credit freeze. If your financial account information or Social Security number was compromised, you can place a security freeze with each major credit bureau at no cost under federal law.

Contact the AG. The Data Privacy and Security Division accepts complaints and investigates violations.

More Massachusetts Laws

• Massachusetts Deepfake Laws
• Massachusetts Employee Monitoring Laws
• Massachusetts GPS Tracking Laws
• Massachusetts Recording Laws

Frequently Asked Questions

Does Massachusetts have a comprehensive data privacy law?

No. Massachusetts does not have a comprehensive consumer data privacy law in effect as of August 2026. The Senate passed its version of the Massachusetts Data Privacy Act (S.2608, re-engrossed as S.2619) 40-0 on September 25, 2025, and the House passed its own competing version (H.5479) 146-0 on June 4-5, 2026. A conference committee has been reconciling the two bills since June 2026, and no compromise bill has reached the Governor. Until a final bill is signed into law, Massachusetts residents do not have statutory rights to access, correct, or delete their personal data. The state protects personal information through sectoral laws: 201 CMR 17.00 (data security), Chapter 93H (breach notification), Chapter 93I (records disposal), and Chapter 93A (consumer protection enforcement).

What is a WISP and who needs one in Massachusetts?

A WISP is a Written Information Security Program required by 201 CMR 17.00. Every person or business that owns or licenses personal information about a Massachusetts resident must maintain one, regardless of where the business is located. The WISP must be a written document addressing risk assessment, employee policies, third-party vendor oversight, physical access controls, and regular review and updates. The AG and OCABR inspect the WISP when a breach is reported. Not having one, or having one that fails to address the required elements, is itself a violation subject to penalties under Chapter 93A.

What are Massachusetts' data breach notification requirements?

Under Chapter 93H, a business must notify the Attorney General, the Office of Consumer Affairs and Business Regulation, and each affected Massachusetts resident as soon as practicable and without unreasonable delay after discovering a breach. In August 2025 the Attorney General alleged that Peabody Properties had delayed notification by nearly seven months and resolved the claims through a $795,000 consent judgment, which shows the enforcement risk of a slow notification rather than a deadline set by a court. If Social Security numbers were compromised, the entity must also provide 18 months of free credit monitoring. Notice to residents must describe their right to file a police report and information about credit freezes.

What are the penalties for violating Massachusetts data privacy laws?

Violations of 201 CMR 17.00 and Chapter 93H are enforced through Chapter 93A at up to $5,000 per violation. The AG can also seek injunctive relief. Private plaintiffs who prove a willful violation can recover treble damages plus attorney fees. For improper records disposal under Chapter 93I, the civil fine is up to $100 per affected data subject, capped at $50,000 per incident. Wiretap violations under Chapter 272, Section 99 carry criminal penalties of up to 5 years in state prison and a $10,000 fine.

Does 201 CMR 17.00 apply to businesses outside Massachusetts?

Yes. Any business that owns or licenses personal information about a Massachusetts resident must comply, regardless of where the business is located. A company in another state that stores the name and Social Security number of one Massachusetts resident must maintain a WISP and meet all technical controls in Section 17.04, including encryption of data in transit and at rest on portable devices, access controls, firewall protection, and employee training.

What does the TAKE IT DOWN Act mean for Massachusetts residents?

The TAKE IT DOWN Act (Pub. L. 119-12), signed May 19, 2025, is a federal law that criminalizes the knowing publication of nonconsensual intimate images, including AI-generated deepfakes. As of May 19, 2026, covered online platforms must maintain a notice-and-removal process and take down reported images within 48 hours. The FTC enforces the platform obligations and may seek civil penalties of $53,088 per violation. Massachusetts residents who are victims of nonconsensual intimate images can use the federal law alongside the Massachusetts state law signed by Governor Healey in June 2024.

What rights will Massachusetts residents gain when the Data Privacy Act becomes law?

The Senate and House have passed different versions of the Massachusetts Data Privacy Act, and a conference committee has been reconciling them since June 2026. Both versions would give residents the right to know what personal data is collected about them, access that data, correct inaccuracies, request deletion, and opt out of targeted advertising and data sales, plus a full ban on selling minors' personal data. The bills disagree on sensitive-data sales: the Senate version bans selling sensitive data, including health information, biometric identifiers, precise geolocation, religious affiliation, immigration status, sexual orientation, and race, outright, while the House version allows those sales with the consumer's affirmative consent, except for precise geolocation, which stays banned either way. The Senate version would take effect January 1, 2027; the House version delays implementation to July 1, 2027.

How do I report a data breach or privacy violation in Massachusetts?

You can file a complaint directly with the Massachusetts Attorney General's Data Privacy and Security Division at mass.gov. You can also contact the Office of Consumer Affairs and Business Regulation, which receives breach notifications. If a business that suffered a breach affecting you failed to notify you, or if you believe a company is violating your data rights under Chapter 93A, you can send a 30-day written demand letter before filing suit in Superior Court. For wiretap violations, contact the AG's Criminal Bureau.