Duty LXD-4497
Deploys a mental-health chatbot, in Massachusetts
Each law's tag says when it binds: since in force proposed proposed
Standards for disposal of records containing personal informationsince 4 lines
Mass. Gen. Laws ch. 93I, sec. 2 · Read the law's page
- This binds each agency or person that disposes of records containing personal information.
- Dispose of paper documents containing personal information by redacting, burning, pulverizing or shredding them so that personal data cannot practicably be read or reconstructed.
- Destroy or erase electronic media and other non-paper media containing personal information so that the personal information cannot practicably be read or reconstructed.
- If you are a third party hired to dispose of material containing personal information, implement and monitor compliance with policies and procedures that prohibit unauthorized access to or acquisition of or use of personal information during the collection, transportation and disposal of personal information.
Standards for the Protection of Personal Information of Residents of the Commonwealthsince 5 lines
201 CMR 17.01-17.05 · Read the law's page
- This binds any person that owns or licenses personal information about a Massachusetts resident, meaning any person or business that receives, stores, maintains, processes, or otherwise has access to it in connection with providing goods or services or in connection with employment; it reaches a business outside Massachusetts that holds a Massachusetts resident's personal information the same as one located here.
- Develop, implement, and maintain a comprehensive written information security program (WISP), in one or more readily accessible parts, with administrative, technical, and physical safeguards appropriate to your size, scope, resources, amount of stored data, and the sensitivity of the personal information you hold.
- Designate one or more employees to maintain the WISP; identify and assess foreseeable internal and external risks to personal information and evaluate whether your safeguards limit them; train employees; discipline violations; cut off a terminated employee's access to records; restrict and secure physical access to records; review the WISP's scope at least annually or after a material change in business practice; document your response to any security-breach incident; and select only third-party service providers capable of maintaining appropriate security measures, requiring those measures by contract.
- For personal information you store or transmit electronically, build a computer-system security program with secure user authentication, access controls limiting records to those who need them, encryption of records transmitted across public networks or wirelessly and of personal information stored on a laptop or other portable device, up-to-date firewalls and operating-system security patches for any internet-connected system, up-to-date malware protection, and employee training on the security system.
- There is no compliance runway left to build against: every covered person has been required to be in full compliance since .
Massachusetts Attorney General Advisory on AI and Existing State Lawsince 4 lines
Mass. AG Advisory (); auth. Mass. Gen. Laws ch. 93A; 201 CMR 17.00; Mass. anti-discrimination statutes
- Do not use AI to deceive consumers.
- Do not market AI products or services while concealing known deficiencies.
- Do not use AI in ways that discriminate against people in protected classes.
- Safeguard personal information processed by AI systems under the state's breach notification framework.
Interception of Wire and Oral Communicationsin force3 lines
Mass. Gen. Laws ch. 272, § 99 · Read the law's page
- Obtain the prior authorization of every party to a wire or oral communication before secretly hearing, recording, or transmitting its contents, or aiding another to do so, with any device; a recording made openly, with the parties aware it is happening, is not restricted by this duty, because the statute's own definition of an interception requires secrecy.
- Do not disclose or use the contents of a wire or oral communication, or aid another to do so, knowing it was obtained through an unlawful interception.
- This duty does not reach an office intercommunication system used in the ordinary course of business, or a common carrier's own use of its facilities in the ordinary course of its business; a financial institution may record calls with a corporate or institutional trading partner if it gives that partner semi-annual written notice that designated lines are recorded.
An Act relative to artificial intelligence disclosure — H.81 (194th Gen. Ct.)proposed4 lines
Mass. H.81, 194th Gen. Ct. (2025–2026)
- This measure is in committee and binds nobody yet; what follows is what it would require if it is enacted in this form.
- Include a clear and permanent disclosure label identifying AI-generated audio, video, text, and print content as AI-generated.
- Embed metadata in AI-generated content specifying the AI system used, the creation date, and the time.
- Do not remove a required AI-generation disclosure.
An Act relative to artificial intelligence in behavioral health and utilization review — S.2632 (194th Gen. Ct.)proposed4 lines
Mass. S.2632, 194th Gen. Ct. (2025–2026)
- This measure is in committee and binds nobody yet; what follows is what it would require if it is enacted in this form.
- Do not let AI make independent therapeutic decisions in a mental health or behavioral health setting.
- Get patient disclosure and consent before using AI to interact with or record a patient.
- Have a human physician oversee AI-driven insurance utilization review decisions.
An Act establishing protections for consumers interacting with artificial intelligence chatbots — S.264 (194th Gen. Ct.)proposed3 lines
Mass. S.264, 194th Gen. Ct. (2025–2026)
- This measure is in committee and binds nobody yet; what follows is what it would require if it is enacted in this form.
- Clearly and conspicuously disclose when a consumer is interacting with an AI chatbot rather than a human.
- Do not use a disclaimer to avoid legal responsibility for a chatbot's communications.
An Act to ensure non-discrimination by improving algorithmic systems — SD.3007 / HD.4827 (194th Gen. Ct.)proposed6 lines
Mass. SD.3007 / HD.4827, 194th Gen. Ct. (filed )
- This measure is in committee and binds nobody yet; what follows is what it would require if it is enacted in this form.
- Do not deploy an automated decision system that has the effect of discriminating against individuals based on a protected characteristic in employment, housing, credit, education, or another fundamental-opportunity context.
- Audit covered automated decision systems every 90 days.
- Publicly disclose information about the design and training data of covered automated decision systems.
- Let individuals opt out of covered automated decision systems.
- Give individuals access to human review of decisions made by covered automated decision systems.