[Updated October 15, 2009 for compliance with new amendments to the regulations]

Stephen E. Meltzer, Esquire, CIPP

On Halloween in 2007, the Massachusetts legislature enacted Chapters 93H and 93I of the Massachusetts General Laws to help prevent breaches of security and to protect residents whose information is in the custody of others. In September of 2008, pursuant to Chapter 93H, the Massachusetts Office of Consumer Affairs and Business Regulation (OCABR) promulgated regulations that define the minimum security standards in connection with the safeguarding the personal information of Massachusetts residents.  The “Standards for the Protection of Personal Information of Residents of the Commonwealth” can be found at 201 C.M.R. 17.00, and the new regulations, as amended through August 17, 2009, have a compliance deadline of March 1, 2010.  The stated objectives of the regulation are to “insure the security and confidentiality of customer information in a manner fully consistent with industry standards; protect against anticipated threats or hazards to the security or integrity of such information; and protect against unauthorized access to or use of such information that may result in substantial harm or inconvenience to any consumer.”

A majority of states and the federal government have now adopted laws and regulations to protect consumers’ personal information. The new Massachusetts regulations, are among the most comprehensive and stringent. The new regulations impose notice requirements for security breaches and carry the potential for significant penalties for noncompliance.

I will detail these requirements in future posts.

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