Privacy Laws in Massachusetts: What You Need to Know

Massachusetts has long been one of the most aggressive states in the nation when it comes to protecting personal data. While it does not yet have a comprehensive consumer privacy law like California's CCPA, the Commonwealth enforces some of the strictest data security regulations in the country and is on the verge of passing landmark privacy legislation. Here is what Massachusetts residents need to know about their privacy rights and what may be coming next.

201 CMR 17.00: The Massachusetts Data Security Regulation

The cornerstone of Massachusetts data protection is 201 CMR 17.00, also known as the Standards for the Protection of Personal Information. This regulation went into effect on March 1, 2010, and at the time was one of the most comprehensive data security rules passed by any U.S. state. It remains a powerful framework today.

201 CMR 17.00 applies to every person, business, or entity that owns or licenses personal information about a Massachusetts resident — regardless of where that business is located. If a company in Texas or Florida holds data on someone living in Boston, it must comply with this regulation.

The WISP Requirement

The most significant obligation under 201 CMR 17.00 is the requirement to develop, implement, and maintain a Written Information Security Program (WISP). The WISP must be appropriate for the size and scope of the organization, the resources available, the amount of stored data, and the need for security and confidentiality.

At a minimum, a compliant WISP must include:

• Designation of one or more employees responsible for maintaining the security program
• Identification and assessment of reasonably foreseeable internal and external risks
• Employee security policies, including procedures for handling terminated employees and revoking their access
• Disciplinary measures for violations of the WISP
• Oversight of third-party service providers, requiring them to maintain appropriate security measures
• Ongoing training for all employees, including temporary and contract workers, on security policies and proper data handling

Chapter 93H: Data Breach Notification

Massachusetts General Laws Chapter 93H establishes the state's data breach notification requirements. If a business or agency that holds personal information of Massachusetts residents experiences a security breach, it must take action quickly.

Notification Requirements

Covered entities must notify three parties as soon as practicable and without unreasonable delay:

1. Affected Massachusetts residents whose personal information was compromised
2. The Massachusetts Attorney General
3. The Director of the Office of Consumer Affairs and Business Regulation (OCABR)

The consumer notification must include specific details: the consumer's right to obtain a police report, instructions for requesting a security freeze, a statement that there is no charge for the freeze, and any mitigation services the company will provide.

Credit Monitoring for SSN Breaches

If Social Security numbers are compromised, the breached entity must provide affected individuals with at least 18 months of free credit monitoring — one of the longer mandatory monitoring periods among U.S. states.

The Massachusetts Data Privacy Act: What Is Coming Next

On September 25, 2025, the Massachusetts Senate unanimously passed the Massachusetts Data Privacy Act (S.2608) on a bipartisan vote of 40-0. This legislation would give Massachusetts one of the strongest comprehensive consumer privacy laws in the nation. As of early 2026, the bill awaits action in the House of Representatives and has not yet been signed into law.

Proposed Consumer Rights

If enacted, the Massachusetts Data Privacy Act would establish clear rights for residents, including:

• Right to know what personal information is being collected about you and how it is used
• Right to delete your personal data held by covered businesses
• Right to correct inaccurate personal information
• Right to data portability — obtaining your data in a usable format
• Right to opt out of targeted advertising, data sales, and profiling
• Right to restrict processing — limiting how your data is used

How It Compares to CCPA and GDPR

The proposed Massachusetts law goes further than most state privacy laws in several important ways:

• Consent model closer to GDPR. Unlike the business-friendly opt-out models in most states, the Massachusetts proposal emphasizes data minimization and requires a lawful basis for processing personal information — similar to Europe's GDPR rather than the CCPA's notice-and-opt-out approach.
• Sensitive data sale prohibited outright. The sale of all sensitive data would be outright banned, not merely subject to an opt-out mechanism like in most other states.
• Stronger data broker regulation. Data brokers would be required to register annually with the OCABR, identify themselves as data brokers on their websites, and provide accessible mechanisms for residents to delete their data.
• Private right of action. The House version of the bill includes a limited private right of action against large data holders, giving consumers the ability to seek legal recourse — a provision most state privacy laws omit.

The Attorney General would receive broad enforcement authority, with civil penalties of up to $5,000 per violation. Most provisions would take effect January 1, 2027, with additional sections following on June 1, 2027.

Data Brokers and Your Information in Massachusetts

Even under existing law, data brokers are a significant concern for Massachusetts residents. Hundreds of companies collect and sell personal details — names, addresses, phone numbers, family members, income estimates, and more — often without your knowledge. While the current Massachusetts framework focuses on data security and breach notification rather than directly regulating data broker activities, the pending Data Privacy Act would change that substantially.

In the meantime, Massachusetts residents can take advantage of their rights under existing law and use available tools to protect themselves:

1. Search for yourself online. Google your name and check major people search sites like Spokeo, WhitePages, and BeenVerified to see what personal details are publicly available.
2. Submit individual opt-out requests. Most data brokers offer an opt-out process, though it is often buried in fine print and varies from site to site. Each broker has its own procedure, and many require follow-up.
3. Monitor for data breaches. Given Massachusetts' strong breach notification requirements, pay attention to any notices you receive and take advantage of free credit monitoring when it is offered.
4. File complaints with the Attorney General. If a business fails to protect your data or notify you after a breach, file a complaint with the Massachusetts Attorney General's office.
5. Use PrivacyOn to automate data removal. Manually submitting opt-out requests to hundreds of data brokers is time-consuming and requires constant monitoring, since your data is frequently re-listed. PrivacyOn automates this process across 100+ data broker sites, continuously monitors for your information reappearing, and re-files removal requests on your behalf.

Why Massachusetts Privacy Protections Matter Now

Massachusetts already provides stronger data security protections than most states through 201 CMR 17.00 and Chapter 93H. The state's requirement for a Written Information Security Program, its strict breach notification rules, and its rare allowance of private lawsuits for violations give residents real leverage. If the Massachusetts Data Privacy Act becomes law, the Commonwealth will join the very top tier of states for consumer privacy rights.

But legal protections alone are not enough. Data brokers operate nationwide, and your personal information is likely already listed across dozens of sites. Exercising your rights one company at a time is a slow, repetitive process. PrivacyOn handles that work for you — removing your data from over 100 data broker sites and keeping it off — so you can benefit from Massachusetts' strong protections without the hassle of doing it all yourself.