Intellectual Property Law

New Massachusetts Rules on Identity Theft

By Lee.Gesmer

Here is a link to the Executive Order signed by Governor Patrick on September 19, 2008 - Order Regarding the Security and Confidentiality of Personal Information.

And here is a link to the new state regulations, Standards for the Protection of Personal Information of Residents of the Commonwealth (effective Jan. 1, 2009).

The law and regulations require those who keep personal information about individuals to meet “minimum” security standards for paper and electronic records. The regulations apply quite broadly (to “persons who own, license, store or maintain personal information about a resident of the Commonwealth of Massachusetts”). They require the creation of a “written information security program” which must be “reasonably consistent with industry standards.” The most minimal requirements of such a program are (to my eye) quite extensive. I expect this regulation to attract a great deal of attention between now and year end.

Full post as published by Mass Law Blog on September 24, 2008 (boomark / email).