The Massachusetts Information Privacy and Security Act (MIPSA) continues to advance through the state legislative process, and is now before the full legislature. While the Act has several hurdles to clear before becoming law, its notable for two reasons. First, the comprehensive nature of the MIPSA exemplifies the direction state data protection laws are heading
Massachusetts Privacy Bill Provides WISP Reminder, Safe Harbor for Punitive Damages
When Massachusetts issued its data security regulations in 2009 (Regulations), it led the way for states on data security. The Regulations became effective 12 years ago, almost to the day, March 1, 2010. The Bay State is now contemplating comprehensive privacy legislation, the Massachusetts Information Privacy and Security Act (MIPSA), similar to what has been
Massachusetts Attorney General Creates Data Privacy and Security Division
The Massachusetts Office of the Attorney General has created a new Data Privacy and Security Division. This Division is charged with protecting consumers from the threats to the privacy and security of their data. The Attorney General, Maura Healey, announced “The Data Privacy and Security Division will build on our office’s commitment to empowering Massachusetts
Massachusetts Governor Announces Cybersecurity Program
State and local governments have increasingly become targets of cybersecurity attacks. This year cybersecurity attacks on Baltimore and Lincoln County, North Carolina reportedly will cost those government entities $18.2 million and as much as $400,000, respectively to recover from the attacks. Last year, Atlanta spent more than $7 million to recover from a ransomware attack.
Updates to Massachusetts Breach Notification Law – Much More Than Mandatory Credit Monitoring
UPDATE: The changes to the Massachusetts data breach notification law described below are now in effect. Thus, if you have discovered a data incident involving the personal information of Massachusetts residents you will want to review these changes carefully – they are significant and the Commonwealth is intent on educating the public about them. Because
Proposed Legislation in Massachusetts Would Create Private Right of Action for Improper Collection of Personal or Biometric Information
Pending legislation could create new consumer privacy rights in Massachusetts. Earlier this year, Senator Cynthia Creem presented An Act Relative to Consumer Data Privacy in the Massachusetts Senate. This Consumer Privacy Bill, SD.341, combines key aspects of the California Consumer Privacy Act (CCPA) and Illinois’s Biometric Information Privacy Act (BIPA). This bill would allow
Massachusetts Enacts Law Providing Greater Privacy of Health Insurance Information
Health insurance carriers often provide explanation of benefits (EOB) summaries to the policyholder specifying the type and cost of health care services received by dependents covered by the policy. EOBs often disclose sensitive information regarding the mental or physical health condition of adult dependents. Massachusetts has now enacted a law, an act to protect access
The Inexplicit Requirement and Definitive Necessity for Employers to Implement Privacy Policies
In the face of seemingly daily news reports of company data breaches and the mounting legislative concern and efforts on both the state and federal level to enact laws safeguarding personal information maintained by companies, employers should be questioning whether they should implement privacy policies to address the protection of personal information they maintain on
Nevada Updated Its Definition of Personal Information, Have You?
When businesses set out to safeguard “personal information,” a fundamental consideration is what that term means. Likewise, when negotiating a third-party vendor agreement, it typically is not enough to rely on the standard definition for “confidential information.” Recently, Nevada and other states have updated their definitions of personal information in connection data breaches notification and
Proposed Bill Barring Credit Checks By Employers
Massachusetts Senator Elizabeth Warren recently introduced legislation which would ban employers from conducting credit checks of prospective employees during the hiring process. Known as the Equal Employment for All Act, the measure would amend the Fair Credit Reporting Act to prohibit employers from using consumer credit reports to make employment decisions. Notably, the Act