What is the data breach notification process?
In Massachusetts, businesses must follow a specific data breach notification process when a data security breach occurs. The law requires that businesses notify individuals whose personal information was exposed or acquired by an unauthorized user. When a breach is identified, businesses must inform the Massachusetts Attorney General’s Office, and notify anyone whose personal information was exposed. The notification must include the nature of the breach, what information was exposed, and any steps the affected individuals should take to protect themselves from potential identity theft or fraud. Businesses must also provide instructions on how individuals can contact the business to inquire about the breach and obtain more information. Companies must contact affected individuals without unreasonable delay, but no later than 45 days after the breach has been identified. When sending out notifications, businesses must notify the affected individuals in the same form of communication the business typically uses for communication. If a business does not typically communicate with individuals using the same method, then it must use either telephone, email, or first-class mail to inform individuals of the breach. Data breach notification can be complex, and businesses should be sure to follow all applicable laws when responding to a data breach. Failure to do so can result in legal liability and fines for the business.
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