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Financial Services Law Insights and Observations

Massachusetts Fines Bank for Data Breach

Enforcement Privacy/Cyber Risk & Data Security

Privacy, Cyber Risk & Data Security

On December 8, a large bank settled with the state of Massachusetts for $825,000 over a data breach that exposed the personal information of at least 260,000 customers. In March 2012, the bank allegedly lost unencrypted backup tapes with customer information and failed to report the missing tapes until October 2012. According to the Massachusetts AG, the bank violated state law by failing to (i) sufficiently protect information; and (ii) provide timely notification of the data breach. In the settlement agreement, Massachusetts credited the bank with $200,000 to upgrade its security procedures, while $325,000 will be paid in civil penalties, $75,000 in attorney’s fees and costs, and $225,000 to a consumer aid education fund.