Law note · Massachusetts
Security Breach statute, Attorney General enforcement
Chapter 93H's own enforcement clause lets the Attorney General bring an action under ch. 93A section 4 to remedy a violation. On its own face, this section creates no private right of action: it does not deem a ch. 93H violation to be an unfair or deceptive practice actionable by a private plaintiff under ch. 93A section 9.
A private right of action for a ch. 93H violation exists only through a separate Attorney General regulation, 940 CMR 3.16(3), recorded as its own instrument in this document.
What it asks of an app
- Expect ch. 93H's own enforcement clause to arm only the Massachusetts Attorney General; look to 940 CMR 3.16(3), not this section, for the route by which a private plaintiff may sue over a breach-notice violation.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, automated_outreach
Primary source: official Massachusetts General Laws text, Massachusetts Legislature