Law: Please note this State does not have a general privacy law in effect, you can visit USA State Law Tracker to monitor the progress of US State bills.

Regulator: The Massachusetts Attorney General ('AG')

Summary: Massachusetts does not currently have a general privacy act, although a general right to privacy is established by §1B of Chapter 214 of Title I of Part III of the Massachusetts General Laws, which provides that '[a] person shall have a right against unreasonable, substantial or serious interference with his privacy.' Furthermore, the Standards for the Protection of Personal Information of Residents of the Commonwealth under §17.00 of Title 201 of the Code of Massachusetts Regulations, adopted in 2009, sets forth prescriptive requirements for safeguarding personal data.

Several relevant bills have been introduced into the House or Senate, such as Senate Bill 25 for An Act Establishing the Massachusetts Data Privacy Protection Act which was introduced to the Massachusetts State House of Representatives on January 20, 2023, and referred to a Senate Committee on February 16, 2023. Also, House Bill 1555 for an Act Establishing an Internet Bill of Rights was introduced to the House on January 20, 2023, and referred to the Committee on Judiciary on February 16, 2023.

Massachusetts also has sector-specific statutory privacy rules, such as those related to health and employment data, as well as a broad prohibition against 'unfair or deceptive practices' in Chapter 93A of Title XV of Part I of the Massachusetts General Laws, also known as the Consumer Protection Act. This is often applicable to practices involving personal information and the regulator is the Massachusetts Attorney General (AG).

You can follow legislative developments in the US through the USA State Law Tracker.