Massachusetts Privacy Law Overview
Massachusetts has not enacted a comprehensive consumer privacy law, but its data-security regulation (201 CMR 17.00) is among the most prescriptive in the nation, requiring any business that holds Massachusetts residents' personal information to maintain a written information security program. Several comprehensive privacy bills are advancing in the legislature.
Sector-Specific Privacy Laws in Massachusetts
Massachusetts Data Security Regulation (201 CMR 17.00)
Any business that owns or licenses the personal information of Massachusetts residents must develop, implement, and maintain a comprehensive Written Information Security Program (WISP) with specific administrative, technical, and physical safeguards, including encryption of personal data in transit and on portable devices.
Data Breach Notification in Massachusetts
Massachusetts requires notice to affected residents without unreasonable delay and to the Attorney General and Office of Consumer Affairs and Business Regulation for breaches involving residents.
- Deadline to notify residents: As soon as practicable and without unreasonable delay
- Attorney General notice: Notify the Massachusetts Attorney General and Office of Consumer Affairs and Business Regulation for all breaches
- Covered data: Name combined with sensitive identifiers (SSN, driver's license, financial-account or medical information, and more)
Pending Privacy Legislation
Multiple comprehensive consumer-privacy bills are advancing in the Massachusetts legislature, but none has been enacted as of June 2026. Given the state's strong data-security tradition, a comprehensive law remains a live possibility.
Federal Privacy Laws That Apply in Massachusetts
Even where Massachusetts law is silent, residents and businesses are covered by federal privacy statutes:
- HIPAA — health information held by providers, plans and their vendors
- GLBA — privacy and safeguards rules for financial institutions
- FERPA — student education records
- FCRA — consumer reporting agencies and background screening
- COPPA — online collection of data from children under 13
- FTC Act §5 — unfair or deceptive privacy and data-security practices
Industry-Specific Privacy Requirements in Massachusetts
Many Massachusetts businesses face privacy obligations that flow from their industry rather than from a single state statute:
Healthcare
Providers, health plans and their vendors must comply with HIPAA and with any state medical-confidentiality rules when handling patient information in Massachusetts.
Financial Services
Banks, credit unions, lenders and insurers are subject to the Gramm-Leach-Bliley Act privacy and safeguards rules in addition to Massachusetts consumer-protection requirements.
Technology & Online Services
Companies serving users in other states may owe duties under California's CCPA/CPRA and other comprehensive laws even while Massachusetts itself has none — making multi-state compliance the practical reality for most online businesses.
Retail
Retailers handling payment-card data must meet PCI DSS contractual standards and Massachusetts's breach-notification law if customer information is exposed.
Where to File a Privacy Complaint in Massachusetts
Massachusetts residents who believe a business has mishandled their personal information can file a complaint with the Massachusetts Attorney General, which enforces the state's consumer-protection and data-breach laws. Complaints involving federally regulated data — health, financial, credit or children's information — can also be directed to the Federal Trade Commission or the relevant federal regulator. An attorney can help you assess whether you have a claim and choose the best venue to pursue it.
Massachusetts Privacy Law FAQ
What is a WISP and does my business need one?
Does Massachusetts have a comprehensive privacy law?
How a Massachusetts Privacy Attorney Can Help
For Businesses
- Build and audit a privacy compliance program
- Draft privacy policies, notices and vendor contracts
- Respond to consumer rights requests
- Manage data-breach response and notification
- Defend regulatory investigations and enforcement
For Consumers
- Enforce your privacy rights against non-compliant businesses
- Pursue or join data-breach litigation
- File complaints with the Massachusetts Attorney General
- Seek damages for identity theft and fraud
- Stop unlawful data sales and unwanted marketing
Need a Massachusetts Privacy Attorney?
Whether you are a business working toward compliance or a Massachusetts resident whose privacy has been violated, our network of Massachusetts-licensed attorneys can help.
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