Massachusetts Student Data Security and Vendor Safeguards Guide

Primary Law
Data security safeguards for personal information (including requirements to ensure third-party service providers implement and maintain appropriate security measures)

Citations
201 CMR 17.00 (Standards for the Protection of Personal Information of Residents of the Commonwealth)
M.G.L. c. 93H (Breach of Security)

Official Text
https://www.mass.gov/regulations/201-CMR-1700-standards-for-the-protection-of-personal-information-of-residents-of-the-commonwealth
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93H

Overview

Massachusetts is known for strong data security requirements. While not limited to education, these rules are highly relevant to school districts because student and staff records often include personal information. Massachusetts requires organizations that own or license personal information to maintain a written information security program and to take reasonable steps to select and retain third-party service providers capable of maintaining appropriate security measures.

For districts using vendor-hosted edtech systems, the practical takeaway is contract-driven security: use signed agreements that require appropriate safeguards, incident response coordination, and clear responsibilities.

Applicability and Scope

This is most relevant when:

• A district uses vendor-hosted platforms that store personal information about students, families, or staff
• Vendors or subcontractors access district systems or data as part of providing services
• Districts need a consistent breach readiness and vendor oversight approach

Vendor Contract and Security Expectations

In states like Vermont where a signed vendor agreement are not explicitly required by law, districts may meet their obligations through a written contract, a documented vendor vetting process, or a combination of both, depending on risk level and data sensitivity.

Districts should ensure that vendor contracts, DPAs, and/or formal vetting documentation clearly address:

• Security safeguards appropriate to the sensitivity and nature of student data
• Breach reporting and response expectations, including clear timelines and investigation support
• Subprocessor controls and required flow-down privacy and security obligations
• Data retention, deletion, and return requirements at the conclusion of services
• Allocation of responsibilities for notifications, response costs, and remediation, where applicable

This flexible approach allows districts to apply appropriate, risk-based governance while maintaining consistent oversight and defensible compliance, even when a signed agreement is not mandated by state law.

How Can EdPrivacy Help Massachusetts Schools

Massachusetts compliance is easier when districts can centrally track which vendors store personal information and what security/incident response terms apply. EdPrivacy helps districts organize approvals, signed agreements, and security artifacts so readiness doesn't rely on scattered files.

The platform helps districts:

• Maintain an inventory of tools/vendors that store or process personal information
• Store signed contracts/DPAs, security documentation, and renewal/review dates
• Document incident response expectations and vendor contacts
• Monitor vendor changes and schedule periodic re-review

Summary

Massachusetts districts should be prepared to:

• Use signed vendor agreements for systems that handle personal information
• Require enforceable security controls and clear incident response coordination
• Maintain documentation supporting vendor selection and ongoing oversight
• Align internal breach response planning to Massachusetts requirements

Massachusetts' data security rules support a security-and-contract-first approach to protecting student and staff data in vendor-hosted environments.