← All US breach laws·MA

Massachusetts data breach notification law

Massachusetts's data breach notification requirements under Mass. Gen. Laws ch. 93H §§1–6 + 201 CMR 17.00 (WISP regulations). Below: the resident-notification deadline, AG/regulator filing threshold, the encryption safe harbor, private right of action exposure, penalty schedule, and the common pitfalls that turn an avoidable incident into a regulator enforcement action.

Statute
Mass. Gen. Laws ch. 93H §§1–6 + 201 CMR 17.00
Enforcer
Massachusetts Attorney General + Office of Consumer Affairs and Business Regulation
AG notification
Required
Private right of action
No (AG-only enforcement)

Notification deadlines

Notify affected residents
As soon as practicable and without unreasonable delay
Notify the state regulator
Yes — written notice to the AG and OCABR as soon as practicable and without unreasonable delay
Notify consumer reporting agencies
Yes — if more than 500 residents, notify nationwide CRAs

When is notification required?

Trigger / harm threshold
Notification required on unauthorized acquisition or use that creates a substantial risk of identity theft or fraud — Massachusetts also prohibits delaying notice to determine scope; partial notice and rolling updates are expected
Encryption safe harbor
Yes — properly encrypted personal information is generally exempt from notification, provided the encryption key was not also compromised.

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

Penalties and enforcement

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)
Enforced by: Massachusetts Attorney General + Office of Consumer Affairs and Business Regulation. Official regulator page →

Common pitfalls

Massachusetts uniquely PROHIBITS delaying consumer notice to determine the scope of the breach — interim/rolling notice is expected
201 CMR 17.00 requires a Written Information Security Program (WISP) — having one BEFORE a breach mitigates penalties materially

Frequently asked questions

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)

Related state breach laws

Maine (ME)
10 M.R.S.A. §§1346 to 1349
Maryland (MD)
Md. Code Com. Law §§14-3501 to 14-3508
Michigan (MI)
Mich. Comp. Laws §§445.63
Minnesota (MN)
Minn. Stat. §§325E.61

Pre-empt the Massachusetts breach notice — audit your policy now

ComplianceIQ runs a free audit of your privacy policy and incident-response language against Massachusetts's statutory requirements. You'll see every gap before you have to use it for real.

Run free policy audit