
AIM Resource Page: Massachusetts Data-Breach Regulations
Massachusetts employers face a broad new set of regulations governing
the way in which they safeguard customer and employee data. The
regulations affect all employers and may require operational and
technological changes for employers having custody of personal
information, including employee records.
AIM offers this Resource Page as a one-stop source for
information, updates and events.
Seminars
Data Regulations 'Finally Final;' Is Your Company
Prepared?
Is your company prepared to comply with the recently finalized
Massachusetts data privacy regulations? Time is running out. Join AIM
for a series four seminars in January to learn what you must do to
meet the toughest-in-the-nation standards by March 1.
Join AIM at the Information Security Summit in
Springfield
AIM is among the sponsors for a free.daylong conference in
Springfield on the new Massachusetts Data Security Law and what it means
to your business.
January 27 | Springfield
8:30 a.m. - 4:30 p.m.
Register
News
Regulators Finalize Toughest-in-Nation Data Security
Regulations
(November 4, 2009)
State regulators announced finalized
comprehensive new rules governing the way in which employers and others
maintain the privacy of personal information. The final regulations (201 CMR 17.00)
contained several changes, including one pertaining to contracts signed
with third-party data companies prior to the March 1, 2010
regulation effective date. Filing of the final regulations ends
more than two years of debate among AIM, state officials and consumer
groups.
Data Regulations - Executive Summary
AIM Backs Alternative Data-Privacy Law
(Posted May 12, 2009)
AIM testified this week in favor of an alternative data-security law
that would address the problem of identity theft without imposing
economically damaging and unrealistic regulations on employers. AIM
believes the bill represents a better approach than the one taken by the
complex and confusing 2007 data-security law that will cause compliance
issues for almost every Massachusetts company next year.
Learn More
Business Coalition Letter to Secretary Bialecki:
(Posted April 2, 2009)
On Thursday April 2, 2009 The Business Coalition urged Secretary
Gregory Bialecki to engage in a substantive dialogue with industry
experts, Department of Consumer Affairs and Business Regulation, the
Legislature and the Office of the Attorney General. The coalition noted
that the administration's changes in the effective date of compliance as
"good". Regrettably, the other amendments to the regulations are
inadequate or simply do not address the substantive issues that are
still cause for great concern. Simply delaying the compliance deadline
does not solve these substantive problems.
Read
the Business Coalition's Letter (April 2, 2009)
Read the Business Coalition's Letter (January
16, 2009)
Read the written comments and transcript from the
January 16, 2009 Public Hearing
Read the Office of Small Business and Entrepreneurship
"Small Biz Brief" on ID Theft
Bulletin: Regulators Postpone Data-Security Regulation
(Posted February 13,
2009)
Massachusetts consumer regulators
Thursday postponed implementation of new data-security rules
until January 1, 2010 and amended a controversial section of those rules
governing security practices of third-party vendors. The proposed
regulations have generated a firestorm of criticism from business
on the grounds that they are impractical and ineffective.
The Massachusetts Office of Consumer Affairs and Business
Regulation filed the amended regulations with the Secretary of State
Thursday evening. Key amendments include a delay in the general
effective date of the data regulations until January 2010 and changes to
the standard for third party vendor relationships. AIM will
continue to analyze these regulations and work with the administration
regarding many of the outstanding concerns with the regulations.
“AIM is pleased with
actions taken yesterday by the Office of Consumer Affairs & Business
Regulations to file with the Secretary of State several amendments to
proposed data security regulations that include a delay in the general
effective date of compliance from May 1st to January 2010" said AIM
President and Chief Executive Officer Richard C. Lord.
"While AIM and its members believe that
the protection of personal information is a necessary activity and an
integral part of every business model, as currently written the initial
set of proposed regulations (201 CMR 17.00) went beyond the
Legislature’s intent by proscribing highly prescriptive mandates
that did not take into consideration the national and global business
relationships that Massachusetts firms depend upon.
"During the period ahead, AIM and its
members will continue to monitor and work closely with the Office of
Consumer Affairs & Business Regulations to insure that the final
version of data security regulations that will ultimately impact every
employer in the Commonwealth including the public sector are technically
and economically feasible.”
As of today the following sections of the rules have been
altered:
- Section 17.03
(6) Duty to Protect and Standards for Protecting Personal
Information – Changes the standard for third party vendor relationships. The amended
regulations for this standard are below:
“Taking all reasonable steps to verify that any third-party
service provider with access to personal information has the capacity to
protect such personal information in the manner provided for in 201 CMR
17.00; and taking all reasonable steps to ensure that such third party
service provider is applying to such personal information protective
security measures at least as stringent as those required to be applied
to personal information under 201 CMR 17.00.”
- Section 17.04
Computer Security Requirements –
Limit the requirement for encryption to personal data
transmitted over public networks or wireless
communications.
- 17.05
Effective Date– Changes extend the
general effective date of the regulations from May 1, 2009 to
January 1, 2010.
Read the amended regulation
Read the Press Release
Business Urges New Approach on State Data
Regulations
(Posted Friday January 16, 2009)
AIM and a coalition of 70 employers
and business associations urged the state Thursday to go back to the
drawing board to develop workable regulations to prevent data breaches
and identity theft. Joining with employers such as Verizon, Wal-Mart,
Microsoft and AOL, AIM said the current regulations contain requirements
that are not technically or economically feasible. State officials plan
a hearing on the matter this afternoon.
Learn More - Read the State House News Article
Learn More - Read AIM's Testimony
Learn More - Read the Business Coalition Letter
Learn More - Read AIM's Press Release
State Schedules Hearing on
Privacy Compliance Dates
(Posted December 3, 2008)
The Massachusetts Department of
Consumer Affairs and Business Regulation will conduct a public hearing
on January 16 to consider rules extending the dates by which employers
must comply with the strictest data privacy law in the country. AIM
encourages member companies to submit oral or written testimony. Please
contact Brad
MacDougall for more information.
Learn More
AIM: Use Federal Data Privacy
Standards
(Posted November 19, 2008)
AIM told a legislative hearing that state
data-security regulations due to take effect next year are based upon
faulty assumptions about technology and business operations. The
association asked the state to adopt federal standards instead.
Learn More
Patrick Administration
Postpones Implementation of Regulations
(Posted November 14, 2007)
The Patrick Administration announced Friday that it will
postpone implementation of new rules governing the manner in which
companies maintain personal data on customers and employees. AIM
applauded the decision, which moves implementation of some parts of
the regulations from January 1 to May 1, and others from January 1, 2009
to January 1, 2010.
Learn
More
Business Groups Ask Governor
to Postpone Regulations
(Posted October 24, 2008)
October 24, 2008 - AIM and almost three dozen other business
organizations and companies asked Governor Deval Patrick Thursday to
postpone new regulations governing the manner in which companies
safeguard the customer and employee data they keep. The business groups
believe that companies cannot implement the complex new regulations by
the January 1 deadline.
Learn More
Links
AIM Resource Center & Key Documents
AIM's Executive Summary of 93H Law
Office of Consumer Affairs and
Business Regulation
Office of the Attorney
General
Find or Advertise your business services on AIM's Buy
Mass Directory
More Information
Bradley MacDougall
Associate Vice President, Government Affairs
617.262.1180
bmacdougall@aimnet.org
Lynda Slevosky
Vice President, Employer's Resource Group
617.262.1180
lslevoski@aimnet.org
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