Massachusetts Privacy Policy Laws
Massachusetts takes a detailed approach to privacy and data protection, with a strong, security-focused framework. Victims of privacy violations in Massachusetts have the right to file a civil lawsuit. At Class Action U, our team of dedicated partners has handled numerous data privacy lawsuits. We can take your case with ease, navigating the complexities of state laws and regulations. Contact us today to learn more.
- April 10, 2026
- Settlements Achieved by Our Legal Partners
- Key Massachusetts Laws That Affect Privacy Policies
- What Personal Information Is Protected Under Massachusetts Law?
- Data Breach Notification Requirements in Massachusetts
- Role of the Massachusetts Attorney General
- Steps To Take if Your Data Is Breached in Massachusetts
- Speak to a Data Breach Lawyer in Massachusetts
Settlements Achieved by Our Legal Partners
Our partner law firms have helped victims of data breaches and privacy violations recover compensation through successful settlements and verdicts. For example, companies have agreed to major settlements after failing to safeguard personal data, including a $350 million settlement affecting millions of customers following a data breach and other multimillion-dollar resolutions for privacy violations.
Additional cases have resulted in meaningful compensation for victims, including settlements totaling $8 million for a law firm data breach and multimillion-dollar agreements addressing breaches that exposed sensitive personal and financial information.
Key Massachusetts Laws That Affect Privacy Policies
Three primary Massachusetts statutes and regulations impact privacy policies and data handling.
Massachusetts Data Security Law (201 CMR 17.00)
The Massachusetts Data Security Regulations require persons and businesses that own or license personal information about Massachusetts residents to develop, implement, and maintain a comprehensive written information security program, commonly called a WISP. The regulations also establish minimum standards for safeguarding personal information in paper and electronic records, including administrative, technical, and physical safeguards.
Massachusetts Data Breach Notification Law (M.G.L. c. 93H)
Massachusetts General Laws Chapter 93H requires certain entities to provide notice when there is a breach of security or unauthorized acquisition or use of personal information. Depending on the circumstances, notice may need to be provided to affected Massachusetts residents, the Attorney General, and the Director of Consumer Affairs and Business Regulation.
Massachusetts Consumer Protection Act (M.G.L. c. 93A)
The Massachusetts Consumer Protection Act, Chapter 93A, prohibits unfair or deceptive acts or practices in trade or commerce. In some circumstances, a company’s misleading statements about its privacy or security practices, or its failure to honor those representations, may support a claim under Chapter 93A.
Massachusetts vs. California and Virginia Privacy Laws
State privacy laws in the U.S. vary widely in how they regulate the collection, use, and protection of personal information. While Massachusetts focuses heavily on data security requirements, California and Virginia provide consumers with broader individual privacy rights.
For instance, the California Consumer Privacy Act and the Virginia Consumer Data Protection Act give consumers specific rights over their personal data, including the ability to access, correct, or delete their information, and to opt out of certain data processing activities, such as targeted advertising or the sale of personal data.
What Personal Information Is Protected Under Massachusetts Law?
Under Chapter 93H, “personal information” generally means a Massachusetts resident’s first name and last name, or first initial and last name, in combination with one or more of the following data elements:
- Social Security number
- Driver’s license number or state-issued identification card number
- Financial account number, or credit card or debit card number, with or without any required security code, access code, personal identification number, or password that would permit access to the resident’s financial account
This definition does not include information that is lawfully obtained from publicly available sources.
Data Breach Notification Requirements in Massachusetts
Under Massachusetts law, organizations that experience a qualifying breach involving personal information must comply with notice requirements.
- Notification to Affected Residents: Notice must be given as soon as practicable and without unreasonable delay, subject to the needs of law enforcement and measures necessary to determine the scope of the breach and restore the integrity of the system. Massachusetts law also places limits on the contents of the consumer notice.
- Notification to State Authorities (the Massachusetts Attorney General’s Office and the Massachusetts Office of Consumer Affairs and Business Regulation): A business may also be required to notify state regulators and provide information such as the nature of the breach, the number of Massachusetts residents affected, and the steps taken in response.
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Role of the Massachusetts Attorney General
The Massachusetts Attorney General is responsible for enforcing privacy and data protection laws. Their authority includes:
- Investigating potential violations of state privacy and data security laws.
- Bringing actions against businesses that fail to comply with notification or data security requirements.
- Imposing civil penalties for non-compliance, which may include fines and requirements to take corrective measures to protect personal information.
Legal Consequences of Non-Compliance
Businesses that fail to meet Massachusetts data security or notification requirements may face enforcement actions by the Attorney General, including monetary penalties and legal obligations to improve security practices. Similarly, affected consumers have the right to file a civil lawsuit if their personal information is compromised due to a company’s failure to comply with data protection laws.
Steps To Take if Your Data Is Breached in Massachusetts
Victims of a data breach can take proactive steps to protect their information and lower the risk of fraud. Filing a case with the affected company with the help of a data breach attorney could help you secure fair compensation for the damages you experience.
Compensation for Data Breach Victims in Massachusetts
Potential recovery in a data breach case depends on the facts, the causes of action asserted, and the damages that can be proven. In some cases, a claimant may seek compensation related to:
- Unreimbursed financial losses tied to fraud or identity theft
- Out-of-pocket costs reasonably incurred in responding to the breach
- Expenses associated with replacing compromised cards or documents
- Time and money spent addressing account misuse or credit-related issues
- Other damages or relief that may be available under applicable law
Whether emotional distress, attorneys’ fees, court costs, statutory damages, or other remedies are available will depend on the legal basis for the claim and the specific facts of the case.
Speak to a Data Breach Lawyer in Massachusetts
If you have been affected by a data breach in Massachusetts, it is important to consult with an experienced data breach lawyer. An attorney can help you understand your legal rights and determine whether you have a claim for compensation.
Our legal partner, KO Law, has experience representing Massachusetts residents in data privacy and breach cases. You can learn more or schedule a consultation with KO Law to discuss your situation.
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