While Massachusetts businesses have operated under strict data security regulations (like 201 CMR 17.00) for more than a decade, the legislative landscape is about to become more complex. Lawmakers are currently advancing the Massachusetts Data Privacy Act (MDPA), a comprehensive privacy law designed to give residents more control over their personal information.
With an anticipated effective date of July 1, 2026, this law introduces new requirements for how businesses collect, store, and destroy customer data. For Massachusetts businesses, the transition to these new legal standards is approaching quickly, signaling a major change in how Massachusetts businesses manage and protect their records.
Who Must Comply With the MDPA?
The MDPA is designed to protect Massachusetts residents while providing clear applicability thresholds for businesses. You will likely be subject to the law if your business conducts operations in Massachusetts and meets either of the following criteria:
- High Volume Processing: Your business processes the personal data of at least 100,000 Massachusetts consumers.
- Data Sales Focus: Your business processes the data of at least 25,000 consumers and derives more than 25% of its gross revenue from the sale of personal data.
Even for businesses that fall below these specific numbers, the MDPA sets a new standard for data handling. Monitoring these requirements is crucial for any Massachusetts organization looking to maintain customer trust and avoid future liability.
The Data Minimization Requirement
At its heart, the MDPA encourages a “need-to-know” approach to data called data minimization. This principle means that businesses should only collect and keep personal information that is reasonably necessary to provide the specific service a customer asked for.
For many organizations, this is an opportunity to declutter. Over time, it’s easy for legacy digital files and physical filing cabinets to fill up with information that is no longer being used. Under the new law, keeping sensitive data without a clear, active business purpose can create unnecessary risk. Compliance starts with a simple question: “Do we still need this record to serve our customer?” If the answer is no, the most secure path is to ensure that data is properly retired.
How the MDPA Changes Customer Data Rights
The MDPA is designed to give individuals more visibility into how their personal information is used. While many of these concepts exist in other states, the Massachusetts framework is particularly focused on transparency and the protection of vulnerable groups. To stay compliant, businesses must be prepared to honor several new consumer rights:
- Right to Know and Access: Customers can ask to see exactly what data you have collected about them and identify the third parties with whom you have shared it.
- Right to Delete: Residents have the power to request the permanent deletion of their personal information from your records.
- Sensitive Data Protections: You must obtain explicit, affirmative consent before processing “sensitive” information. This includes biometric data (like face scans or fingerprints), health-related information, and precise geolocation.
- Heightened Protections for Minors: The law goes beyond standard protections by prohibiting the sale of personal data for anyone under the age of 16 and banning the use of their data for targeted advertising.
What This Means for Your Physical Records
The MDPA applies to personal information no matter how it is stored. In Massachusetts, the law covers any record that contains personal data. This includes digital files on a server and paper forms in a folder.
Think about the standard records found in most office storage rooms. Patient files, employment applications, signed contracts, and old financial records often contain the sensitive information protected by this law. Under the new standards, these paper records are subject to the same requirements as digital ones.
This creates a practical challenge for many organizations. If a customer exercises their right to access or delete their data, you must be able to find and review those specific paper records within 45 days. Digging through unorganized boxes to find one specific name is a significant project. Digitizing these records and securely destroying what you no longer need is a more reliable way to manage these new requirements.
Massachusetts MDPA Compliance Checklist
With the MDPA expected to go live on July 1, 2026, businesses should treat the current period as an opportunity to audit their data practices. Use the following checklist to determine where your organization stands and what adjustments may be necessary.
- Confirm Your Coverage: Determine if your business meets the volume thresholds (100,000 residents) or the data sales threshold (25,000 residents).
- Map Your Sensitive Data: Identify exactly where sensitive information lives in your organization. This includes digital databases and physical filing cabinets containing health, ethnic, or biometric data.
- Update Your Consent Flows: Ensure you have a clear process for obtaining affirmative consent before collecting sensitive information.
- Review Your Retention Policy: Look for records that are no longer reasonably necessary for your business operations. Scheduling these for secure destruction is a critical step in data minimization.
- Test Your Request Process: Create a workflow to handle access and deletion requests. You must be able to locate and address specific customer data within the 45-day window, regardless of whether it is stored digitally or on paper.
- Vet Your Third-Party Partners: Review contracts with vendors who handle your data. Ensure they are legally obligated to meet the same privacy standards required by Massachusetts law.
How SecureScan Supports Massachusetts Businesses
As the July 1, 2026, target date approaches, the most effective way to prepare is to reduce the volume of at-risk data your organization holds. The less unorganized or unnecessary data you have on hand, the easier it is to comply with the MDPA.
SecureScan helps Massachusetts businesses navigate these new requirements by converting essential physical records into secure, searchable digital assets. This ensures you can fulfill data access or deletion requests in minutes rather than days. For documents that have reached the end of their legal retention period, we provide certified destruction to permanently remove that data from your liability profile.
Contact our Massachusetts team today to learn how we can help you simplify your compliance and secure your data before the new law takes effect.
