Legislature revises Massachusetts data breach notification rules and reporting requirements

On March 24, 2025, the Commonwealth of Massachusetts introduced House Bill 93, aimed at enhancing the state's data breach notification laws under Chapter 93H. This legislative proposal seeks to address the growing concerns surrounding data security and consumer protection in an increasingly digital landscape.

The bill proposes several key amendments to existing regulations. Notably, it mandates that the definitions of "breach of security" and "personal information" be updated periodically to reflect current standards and practices. This provision aims to ensure that the law remains relevant as technology evolves. Additionally, the bill introduces a requirement for organizations to assess and report any breaches that present a "reasonably foreseeable risk" of harm to individuals, encompassing financial, physical, reputational, or other types of cognizable harm.

Another significant amendment includes a more detailed classification of the types of personal information that may be compromised during a breach, ensuring that all relevant categories are explicitly recognized. Furthermore, the bill expands the list of entities that must be notified in the event of a data breach, adding the Federal Bureau of Investigation to the existing requirement to inform the Attorney General.

The proposed changes have sparked discussions among lawmakers and stakeholders regarding the balance between consumer protection and the operational burdens placed on businesses. Some advocates argue that the updates are necessary to enhance consumer trust and security, while opponents express concerns about the potential costs and complexities for businesses, particularly small enterprises.

The implications of House Bill 93 are significant, as it reflects a broader trend toward stricter data protection regulations across the United States. Experts suggest that if passed, the bill could set a precedent for other states to follow, potentially leading to a more uniform approach to data breach notifications nationwide.

As the legislative process unfolds, stakeholders will be closely monitoring the bill's progress, anticipating further debates and possible amendments. The outcome of House Bill 93 could reshape the landscape of data security in Massachusetts, impacting both consumers and businesses alike.