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Browse our 1 legal question about Cyber Law, Data Privacy and Data Protection in United States and the lawyer answers, or ask your own questions for free.
Cyber Law, Data Privacy, and Data Protection refer to the rules and regulations that govern the use of technology, the internet, and the collection, storage, and sharing of data. In Massachusetts, these areas of law focus on safeguarding individuals and organizations from cybercrimes, ensuring consumer privacy, and enforcing data security standards for businesses and institutions. The state is known for its strong data privacy laws, which are among the most comprehensive in the nation, often going further than federal requirements. These laws are crucial for protecting sensitive personal information from unauthorized access and misuse in our increasingly digital world.
Cyber Law, Data Privacy, and Data Protection are complex and constantly changing fields. You may need a lawyer in a variety of situations involving the following:
Massachusetts has a strong legal framework for data privacy and security. The key law is the Massachusetts Data Security Law, codified as Mass. Gen. Laws ch. 93H and ch. 93I, along with its accompanying regulations, 201 CMR 17.00. These require any company that owns or licenses personal information about Massachusetts residents to develop, implement, and maintain a comprehensive written information security program (WISP). Specific requirements include:
Personal information typically includes a Massachusetts resident’s first and last name or first initial and last name, combined with a Social Security number, driver’s license or state-issued ID number, financial account number, or credit or debit card number, when not encrypted or otherwise protected.
You are required to notify affected Massachusetts residents and the Massachusetts Attorney General’s Office, as well as the Office of Consumer Affairs and Business Regulation, without unreasonable delay. You must also take steps to investigate and mitigate the breach, and review your security protocols.
If your business owns or licenses personal information of Massachusetts residents, you must comply with Massachusetts data privacy laws, regardless of where your company is located.
Penalties may include civil fines, enforcement actions by state authorities, and potential lawsuits by affected individuals. The specific amount depends on the nature and severity of the violation.
Use strong, unique passwords, update software regularly, be cautious when sharing personal information, enable two-factor authentication, and monitor financial statements for suspicious activity.
In some cases, individuals can file lawsuits against companies that fail to protect their personal information, especially if the breach resulted in financial harm or identity theft.
A WISP is a formal document describing an organization’s policies and procedures for securing personal information, as required by Massachusetts law. It must address technical, physical, and administrative safeguards.
Yes. All businesses that own or license personal information about Massachusetts residents, regardless of size, are required to comply with data privacy and protection laws.
Yes, Massachusetts regulations require encryption of personal information transmitted over public networks and stored on laptops or other portable devices.
Report the incident to local law enforcement, the Massachusetts Attorney General’s Office, and, if applicable, credit bureaus or the Federal Trade Commission. Preserve evidence and contact a lawyer for advice on protecting your legal rights.
These organizations and governmental bodies can provide guidance and support regarding Cyber Law, Data Privacy, and Data Protection in Massachusetts:
If you believe you need legal assistance for a cyber law or data privacy issue in Massachusetts, consider the following steps:
