New changes to the Massachusetts data breach notification statute emphasize timely and public disclosure of data security incidents, including requiring companies to disclose compliance with Massachusetts’ data security law. Among other more technical changes, H. 4806, effective April 11, increases the information that breached companies must provide to Massachusetts state agencies and provides for ways that information will be made public. Under the changes, when a breach is reported to the attorney general and the director of the Office of Consumer Affairs and Business Regulation (OCABR):
- Companies are required to disclose whether or not they have the written information security plan required by MA law;
- The OCABR is required to make consumer notices provided to it public within one day, and update the breach notification report on its website within 10 days; and
- The OCABR is required to inform consumers of their ability to file a public records request to obtain a copy of the notice provided to the AG and OCABR.