Form: Cost-of-Breach DisclosureSource: IBM 2025Filed: 28 Apr 2026
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State File MA / Breach Notification StatuteMass. Gen. Laws ch. 93H

State notification register

Massachusetts data breach notification law: as soon as practicable and without unreasonable delay.

Massachusetts's breach-notification obligations are set by Mass. Gen. Laws ch. 93H (paired with 201 CMR 17.00 data-security regulations). This page summarises the deadline to notify affected residents, the attorney general notification threshold, whether a private right of action exists, and the penalties for late or missing notification. Every provision is cited to its source statute and was verified in June 2026.

Individual deadline

No fixed day

Without unreasonable delay

AG notification

Required

All breaches (AG and Office of Consumer Affairs and Business Regulation)

Private action

Yes

Chapter 93A claims, subject to a 30-day pre-suit demand letter requirement

Statute

MA

Mass. Gen. Laws ch. 93H

Section MA.1

What the statute requires

Under Mass. Gen. Laws ch. 93H, the paired with 201 CMR 17.00 data-security regulations, a business that owns or licenses computerized personal information of Massachusetts residents must notify affected individuals as soon as practicable and without unreasonable delay.

Attorney general or state-agency notification is all breaches (ag and office of consumer affairs and business regulation). Where required, the timeline is: as soon as practicable and without unreasonable delay.

Section MA.2

What triggers notification

Like most US state statutes, notification is triggered by the unauthorized acquisition of unencrypted, unredacted computerized personal information that compromises its security, confidentiality, or integrity. Two concepts recur across the states and apply here.

Encryption safe harbor

Personal information that was encrypted, and where the encryption key was not also acquired, generally does not trigger notification. A stolen device with full-disk encryption is typically a non-event; an unencrypted record, or an encrypted record where the key was exposed alongside it, is a reportable breach.

Who must be notified

  • [1] Affected Massachusetts residents: without unreasonable delay
  • [2] Attorney general / state agency: all breaches (ag and office of consumer affairs and business regulation)
  • [3] Consumer reporting agencies where the breach is large-scale

Section MA.3

Penalties and enforcement

Up to $5,000 per violation; treble damages for willful violations, plus attorney fees.

Private right of action: Yes. Chapter 93A claims, subject to a 30-day pre-suit demand letter requirement.

Primary source:Massachusetts statute Mass. Gen. Laws ch. 93H (paired with 201 CMR 17.00 data-security regulations); verified June 2026 against state statutory summaries and the underlying statute text.

Section MA.4

How this compares to the strictest states

The strictest US deadlines are 30 days (California, Florida, Washington, Colorado, Maine, New York, New Jersey). The majority of states use a qualitative "without unreasonable delay" standard with no fixed day cap. Here is where Massachusetts sits.

Massachusetts does not set a numeric deadline. It uses a "without unreasonable delay" standard, which regulators interpret as days to weeks, not months. Organizations operating across multiple states should default to the strictest applicable clock, which can be as short as 30 days in states such as California, Colorado, Florida.

Cross-references

Schedule F / Reference Q&A

Frequently Asked Questions

Primary source:Massachusetts data breach notification statute (Mass. Gen. Laws ch. 93H). Provisions verified June 2026 against state statutory summaries (Recording Law US data-privacy series, 2026 edition), the IAPP US State Data Breach Notification Chart, Foley & Lardner's chart, and the underlying statute text.