Who is subject to the statute?
Chapter 93H applies to any legal entity (including government agencies, individuals and corporations) that owns, licenses, maintains or stores “personal information” of any Massachusetts resident, regardless of where the entity or personal information is located. Thus, out-of-state businesses are subject to this act if Massachusetts residents are affected. Although the statute defines “personal information,” there is, for example, no specific definition of the terms “own,” “license” “maintain” or “store.” These words are critical because the statute imposes greater notice obligations on an entity that owns or licenses personal information (a “data owner”) than on one that only maintains or stores such information (a “data storer”). Presumably, common law definitions are applicable to these terms in Chapter 93H. Concepts of “own”/”license” versus “maintain”/”store” also are terms of art in technology fields, which seem to be understood in IT departments and in some state agencies. Accor
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