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Financial Services Law Insights and Observations

Massachusetts attorney general launches data breach reporting portal

Privacy/Cyber Risk & Data Security State Issues State Attorney General Credit Reporting Agency Data Breach

Privacy, Cyber Risk & Data Security

On February 1, Massachusetts Attorney General Maura Healey launched a Data Breach Reporting Online Portal, which is available through the agency’s Security Breaches site. Organizations can use the online portal to provide notice to the attorney general’s office of a data breach as required by the Massachusetts Data Breach Notification Law (law), M.G.L. c. 93H. According to the announcement, the law requires any entity that “owns or licenses a consumer’s personal information” to notify the attorney general’s office, among others, “any time personal information is accidentally or intentionally compromised.” The announcement notes that organizations are not required to use the online portal and may still send written notice to the attorney general’s office through the mail.

The online portal announcement follows other recent actions by Healey in response to consumer data breaches. In September, Healey filed the first enforcement action in the nation against a major credit reporting agency after its significant data breach announcement (previously covered by InfoBytes here) and introduced proposed legislation, SB 130/HB 134, which, among other things, would eliminate fees for credit freezes and mandate encryption of personal information in credit reports.

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