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Can I avoid having a data breach response plan in Massachusetts? What are the requirements?

Based on the context documents provided, it is not possible to avoid having a data breach response plan in Massachusetts. Massachusetts law requires that companies that own or license personal information about a resident of Massachusetts must develop, implement, and maintain a comprehensive information security program that includes a written information security plan [3.1].

However, the documents do not provide specific requirements for a data breach response plan. The documents do provide requirements for workplace violence prevention and crisis response plans [1.1] and emergency response plans [2.1].

Programs must have a workplace violence prevention and crisis response plan for human service workers that meets the criteria set forth in 101 CMR 19.04. The program must update the plan at least annually. Each program must provide a copy of the current plan, which may be electronic, to any human service worker upon request and must make available a copy of the plan in a public place where all human service workers can readily access it [1.2].

Emergency response plans must be submitted to the Department and designed to achieve safe and reasonably prompt restoration of service associated with an Emergency Event. The ERP shall include, but not be limited to, the following: identification of management staff responsible for Company operations, including a description of their specific duties; identification of the number of workers available to respond within 24 hours of an Emergency Event; and an estimation of the number of crews and full-time equivalents available to respond within 24 hours of an Emergency Event [2.1].

If you require further information on data breach response plan requirements in Massachusetts, it is recommended that you consult with a legal professional or the Massachusetts Office of Consumer Affairs and Business Regulation.

Therefore, the answer to your query is:

Based on the context documents provided, it is not possible to avoid having a data breach response plan in Massachusetts. Massachusetts law requires that companies that own or license personal information about a resident of Massachusetts must develop, implement, and maintain a comprehensive information security program that includes a written information security plan. However, the documents do not provide specific requirements for a data breach response plan. The documents do provide requirements for workplace violence prevention and crisis response plans and emergency response plans.

Source(s):
Jurisdiction

Massachusetts