Organizations managing sensitive data and IT hardware in Massachusetts face specific state and federal regulations governing digital data destruction, hard drive disposal, and e-waste handling. This resource explains what every enterprise, data center, and compliance leader must do in 2025 to stay secure and legal—including statutory requirements for media sanitization, data breach prevention, and proper disposal of electronic assets.

Massachusetts Data Security Laws: 2025 Requirements

Personal Information Protection Act (M.G.L. c. 93H)

All organizations that own or license personal information about Massachusetts residents—including employee and customer data—must comply with M.G.L. c. 93H. Under this law:

A “breach of security” is defined as the unauthorized acquisition or use of unencrypted data—or encrypted data where the encryption key is compromised—that poses a substantial risk of identity theft or fraud.

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Organizations must report data breaches to the Massachusetts Attorney General and the Director of Consumer Affairs, including event details, affected individuals, and steps taken.

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There is a legal obligation to establish and maintain proper security protocols for all personal information.

201 CMR 17.00: Data Security Regulations

The accompanying regulations, 201 CMR 17.00, set out minimum standards for protecting personal information stored in both paper and electronic formats. Key requirements for digital data and IT asset disposal include:

Developing, implementing, and maintaining a comprehensive written information security program (WISP) that covers all stages of the IT asset lifecycle, including end-of-life
Mandatory risk assessments, employee training, and strict access controls on all systems containing personal data
Encryption of personal data stored on laptops, portable devices, and transmitted over public networks
Vendor due diligence to ensure that third-party service providers (such as data destruction vendors) comply with 201 CMR 17.00
Secure procedures for the destruction of electronic records when they are no longer to be retained, ensuring that personal data cannot be practicably read or reconstructed

Note: The data destruction provisions of 201 CMR 17.00 specifically require the destruction of personal information “by shredding, pulverizing, incinerating, or erasing” electronic media, or by otherwise ensuring it is “unreadable or indecipherable.”

Pending Massachusetts Data Privacy Laws: 2025 Status

As of September 30, 2025, Massachusetts has no comprehensive consumer data privacy law in force. Bills S.2516 and its substitute S.2608—the “Massachusetts Data Privacy Act”—were actively debated in the state senate in September 2025, aiming to introduce new protections for location data, sensitive data sales, and mandatory security assessments.

See status and text of S.2608

These bills have not been enacted. All digital data destruction and IT asset disposal must comply with existing laws: M.G.L. c. 93H and 201 CMR 17.00.

Secure Digital Data Destruction: Best Practices for Massachusetts

To meet Massachusetts law and satisfy increasing regulatory scrutiny, organizations must use industry-standard, provable methods for secure data disposal. Leading frameworks include NIST SP 800-88 “Guidelines for Media Sanitization.” Key technical and procedural controls include:

Media Sanitization: Physical destruction (shredding, pulverizing) or effective logical sanitization (secure erasure per NIST SP 800-88), ensuring that no personal information can be recovered from hard drives, SSDs, or backup tapes
Certificates of Destruction: Obtain detailed certificates documenting asset serials, methods, dates, and witnesses—a core requirement for legal and audit defense
Chain of Custody: Maintain an unbroken, auditable trail from removal to final destruction, with inventory, locked transport, and secure, access-controlled facilities
Vendor Compliance: Only use NAID AAA Certified service providers for hard drive shredding, secure media disposal, and certified equipment destruction—ensuring adherence to both state law and leading security standards
Policy Integration: Ensure your Written Information Security Program (WISP) explicitly aligns with 201 CMR 17.00 and NIST guidelines for all data types and media

Special Note: If using artificial intelligence or advanced analytics on personal data, follow the Massachusetts Attorney General’s 2025 AI privacy advisory, which requires transparency, bias mitigation, and continued compliance with c.93H and 201 CMR 17.00.

E-Waste & Hard Drive Disposal Laws in Massachusetts (2025)

Statewide Requirements

Massachusetts bans the disposal of most electronics—including computers, hard drives, monitors, and TVs—in landfills or incinerators under M.G.L. c. 21H, §2 and 310 CMR 19.017. All organizations must:

Recycle end-of-life electronics via approved facilities or municipal programs—IT asset disposition cannot be treated as ordinary trash disposal
Ensure hard drives are physically destroyed before recycling to secure all data (destroyed = unreadable, unconstructible)
Manufacturers of TVs/monitors must register with the Department of Environmental Protection and offer recycling programs; but there is no state EPR law for electronics as of September 2025

DEP summary on electronics EPR

Proposed EPR expansion (S.653) remains in legislative committee and has not taken effect.

Local & Municipal Programs

Local 2025 programs—such as Boston’s Zero Waste Days or Arlington’s drop-off center—provide options for recycling electronics. Businesses should:

Partner with IT asset disposition vendors that guarantee full compliance with state and local disposal bans
Maintain documentation of all recycling/disposal activities for compliance verification

Federal & Hazardous Waste Updates

While recent EPA and Massachusetts hazardous waste (RCRA) regulatory revisions (effective Nov. 2025) clarify universal waste management for items like batteries and aerosol cans, no direct changes affect e-waste electronics, except where related components cross into hazardous waste definitions.

Federal Register – 2025 program revisions

Legal and Security Hotspots for IT Asset End-of-Life

Why Proper Data Destruction and Disposal Matters

Failure to securely destroy data at end-of-life is a violation of both state and federal law, leading to compulsory breach notifications, regulatory investigations, and potential civil penalties under M.G.L. c. 93A (consumer protection)
Improper e-waste disposal leads to fines under solid waste law, reputational harm, and—most critically—unrecoverable compliance and legal risk if data is accessed post-disposal

IBM’s 2025 research places the average cost of a major data breach at over $5 million, underscoring the risk

Why Choose Data Destruction, Inc. for Massachusetts Data Security

Data Destruction, Inc. is the leader in certified hard drive destruction, secure mobile hard drive shredding, and compliant e-waste recycling for Massachusetts enterprises. Our NAID AAA Certification, NIST SP 800-88-aligned standards, and full chain of custody documentation ensure you meet or exceed all state and federal requirements.

Unmatched expertise in NIST media sanitization, 201 CMR 17.00 integration, and legal compliance
Certificates of destruction and real-time audit reporting for every asset
On-site and off-site service options for data centers, healthcare, finance, education, and government

Call us at +1 (866) 850-7977 or contact our compliance experts to build a Massachusetts data destruction program that is defensible, efficient, and future-proof.

Frequently Asked Questions

What are the requirements for data destruction under Massachusetts law?

Personal information must be destroyed so it cannot be read or reconstructed, using methods such as shredding, incinerating, erasing, or effective logical sanitization per 201 CMR 17.00.

What counts as a “breach of security” in Massachusetts?

A breach is an unauthorized acquisition or use of unencrypted data that could result in identity theft or fraud, or encrypted data if the key is compromised. (M.G.L. c. 93H, section 1)

Are there penalties for improper hard drive disposal?

Yes. Failing to destroy data or violating electronics disposal bans can result in state fines, breach notification requirements, and liability under M.G.L. c. 93A.

Is shredding required for hard drive destruction?

While not explicitly mandated, physical destruction (shredding, pulverizing) is recognized as most effective for compliance with state and NIST SP 800-88 standards.

Who enforces Massachusetts data security laws?

The Massachusetts Attorney General enforces M.G.L. c. 93H and related regulations, including investigations through the Privacy & Responsible Technology Division.

Does Massachusetts have an EPR law for electronics recycling?

No; bills have been proposed but not passed. Manufacturer registration is required for TVs/monitors. Electronics disposal bans remain in effect.

What records should I keep after IT asset disposal?

Maintain certificates of destruction, recycling records, and complete chain of custody documentation for all media, as evidence of compliance and breach protection.

Are there special rules for AI or cloud data?

AI use must comply with the AG’s 2025 advisory. All digital storage must adhere to c.93H/201 CMR 17.00. Best practice is to cryptographically erase or physically destroy drives used for sensitive data.

Do federal rules affect e-waste in Massachusetts in 2025?

Only for certain universal waste items like batteries; no direct new requirements for electronics, but hazardous components may trigger additional rules.

How can we ensure vendors meet Massachusetts compliance?

Require NAID AAA certification, demand detailed documentation, and ensure vendor policies map directly to 201 CMR 17.00, NIST SP 800-88, and Massachusetts-specific e-waste laws.