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FMG Law Blog Line

Massachusetts’ Will-o’-the-WISP

Posted on: April 24th, 2019

By: Zach Moura

Massachusetts revised its data breach notification law, effective April 10, 2019, to change the minimum standards for what companies should include in a Written Information Security Plan, or WISP. Companies that experience a data breach incident must now confirm in their breach notice to the Massachusetts Attorney General whether the company maintains a WISP and identify any steps taken or planned to take relating to the incident, including updating the WISP. The requirements apply to companies that handle personal information belonging to Massachusetts’ residents no matter where the company itself is located.

The revisions also reshape the requirements for notifications to impacted individuals. In data breach incidents in which Massachusetts residents’ Social Security numbers are exposed, Massachusetts now requires companies to offer 18 months of free credit monitoring services to impacted individuals. Entities must also now certify to the state’s Attorney General and Office of Consumer Affairs and Business Regulation (“OCABR”) that the credit monitoring services comply with the statute, and provide the name of the person responsible for the breach of security, if known. The revisions also obligate the OCABR to publicly post the sample notice on its website within one business day.

The new statute calls for rolling and continuous notifications to all impacted individuals as they are identified, rather than allowing a business to first determine the total number of impacted individuals before notifying them all at the same time. And if an investigation reveals more information on the data breach that, if known, would have been provided to the impacted individuals in the original notice, additional notices must be sent. Entities must also now identify any parent or affiliated corporation in the notification letter.

For any questions about the above, or whether a WISP complies with Massachusetts law, please contact Zach Moura at [email protected].

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