Primary Research · State Profile · MA
Massachusetts has not enacted a comprehensive state AI law, but the state regulates AI through one of the strongest data security regimes in the country (201 CMR 17.00), an aggressive consumer protection authority under Chapter 93A, the Massachusetts Wage Act and Fair Employment Practices Act with active enforcement on AI in employment, and Attorney General guidance on AI use that has informed enforcement priorities. AG Andrea Campbell issued advisory guidance in 2024 making clear that existing consumer protection, anti-discrimination, and data security laws apply to AI deployments — and that AI-driven decisions producing discriminatory or unfair outcomes will face Chapter 93A enforcement.
Massachusetts's regulatory posture in 2026 is enforcement-driven rather than legislatively prescriptive. The combination of 201 CMR 17.00 (which requires reasonable data security including controls applicable to AI processing of Massachusetts personal information), Chapter 93A's broad consumer protection enforcement authority, and active AG guidance creates real AI exposure without a single comprehensive Act. Several comprehensive privacy bills have been introduced in recent sessions — the Massachusetts Information Privacy and Security Act being the most prominent — but none has yet been enacted. The 2025 session also saw introduction of bills targeting AI in healthcare (clinical decision support disclosures), AI in employment (similar to Illinois HB 3773), and AI-generated deepfake imagery. Organizations doing business in Massachusetts should treat the AG's advisory guidance as the binding compliance framework even absent a comprehensive Act.
Key provisions
Written Information Security Program (WISP) required; reasonable security safeguards; vendor due diligence; encryption of certain personal information; applies to any entity owning or licensing personal information of MA residents — including AI processing of MA personal data.
Key provisions
Broad consumer protection enforcement; AG can pursue unfair and deceptive practices including discriminatory or misleading AI use; treble damages and attorney fees available; private right of action for consumers and businesses.
Comprehensive consumer privacy law with profiling opt-out and AI-relevant provisions. Has support but has not yet cleared the legislature. Watch the 2026 session.
Bills modeled on Illinois HB 3773 and NYC LL144 have been introduced to require disclosure when AI is used in hiring and employment decisions about Massachusetts workers.
Sector-specific frameworks layer on top of state AI laws and frequently impose stricter or earlier-binding obligations. These are the sectors most exposed in Massachusetts.
Healthcare
Massachusetts has unique state privacy obligations for HIV, mental health, and genetic data on top of HIPAA. AI processing in clinical contexts requires careful state-overlay analysis.
Employment
Massachusetts Fair Employment Practices Act + Wage Act + pending AI-in-employment bills create active exposure. AG has signaled enforcement interest.
Financial services
Massachusetts Division of Banks oversight + 201 CMR 17.00 + Chapter 93A; AI in credit and lending decisions faces multi-authority exposure.
Education
AI in admissions and student evaluation faces both Title VI and Massachusetts state anti-discrimination overlay.
Practical operational checklist for organizations subject to Massachusetts AI laws. Items are ordered by typical sequence of implementation, not by importance — most steps depend on the inventory work in the first item.
Required by 201 CMR 17.00. AI vendor inventory and access controls must be in the WISP.
201 CMR 17.00 requires vendor due diligence; AI subprocessors must be in scope.
Required by 201 CMR 17.00 for portable devices and transmissions; verify AI vendor practices.
AG has signaled that discriminatory or misleading AI use will face Chapter 93A enforcement.
Anticipate pending AI-in-employment legislation; build documentation now.
HIV, mental health, and genetic data have unique MA state law treatment beyond HIPAA.
Active 2026 session interest.
EFROS operates Massachusetts AI governance as an enforcement-led program — 201 CMR 17.00 WISP integration, Chapter 93A risk assessments for AI deployments, vendor AI due diligence, and pending MIPSA monitoring. We work with Massachusetts clients to treat the AG advisory guidance as the operational compliance framework while comprehensive legislation remains pending.
Disclaimer: this profile is a research dataset, not legal advice. Compliance determinations for Massachusetts businesses require analysis of specific facts and should be made in consultation with qualified legal counsel licensed in Massachusetts.
Reference this resource with attribution under CC-BY-4.0. Copy any of the formats below for academic papers, blog posts, AI citations, or vendor evidence packages.
Efros, S. (2026, May). Massachusetts AI Law Tracker — 2026. EFROS. https://efros.com/research/state-ai-law-tracker/massachusetts/
Efros, Stefan. "Massachusetts AI Law Tracker — 2026." EFROS, May 2026, https://efros.com/research/state-ai-law-tracker/massachusetts/.
Efros, Stefan. 2026. "Massachusetts AI Law Tracker — 2026." EFROS. https://efros.com/research/state-ai-law-tracker/massachusetts/.
S. Efros, "Massachusetts AI Law Tracker — 2026," EFROS, May 2026. [Online]. Available: https://efros.com/research/state-ai-law-tracker/massachusetts/
@misc{efros2026massachusettsail,
author = {Stefan Efros},
title = {Massachusetts AI Law Tracker — 2026},
year = {2026},
month = {May},
publisher = {EFROS},
url = {https://efros.com/research/state-ai-law-tracker/massachusetts/},
note = {Accessed: May 2026}
}https://efros.com/research/state-ai-law-tracker/massachusetts/
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