Massachusetts General Laws

Mass. Gen. Laws ch. 214, § 3B (2026)

Fair information practices of public holders; violations of chapter 66A; remedies; limitation

✓ current as of July 2026

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Section 3B. Any holder, as that term is defined in chapter sixty-six A, which violates any provision of said chapter sixty-six A, shall be liable to any individual who suffers any damage as a result of such violations, and the individual damaged may bring an action against such holder to recover any damages sustained. Notwithstanding any liability for actual damages as may be shown, such holder shall be liable for exemplary damages of not less than one hundred dollars for each violation together with such costs and reasonable attorney's fees as may be incurred in said action.

Any holder which violates or proposes to violate any of the provisions of chapter sixty-six A shall be subject to an action for injunction, declaratory judgment, or mandamus issued by any court of competent jurisdiction. The court may make such order or judgment as may be necessary to prevent any holder from employing practices which violate chapter sixty-six A. Actions for injunction or mandamus under this section may be prosecuted by an individual or by the attorney general in the name of the commonwealth upon his own complaint or upon the complaint of any individual.

An action to enforce any liability created under chapter sixty-six A, may be brought in any court of competent jurisdiction within three years from the date in which the liability arises; provided, however, that where a defendant had materially or willfully misused any personal data required to be disclosed to a data subject according to the provisions of chapter sixty-six A, and said personal data so misused is material to the establishment of the defendant's liability to the data subject, the action may be brought at any time within three years after such misuse is discovered.

Notes of Decisions

Cited in 12 cases, 1978–2016 · leading case: Torres v. Attorney Gen., 460 N.E.2d 1032 (Mass. 1984).

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Torres v. Attorney Gen., 460 N.E.2d 1032 (Mass. 1984). · cites it 10× “G.L.c. 214, § 3B. Our concern is whether the information disclosed by the DSS affidavit concerning Torres is "personal data.”

Tivnan v. Registrar of Motor Vehs., 734 N.E.2d 1182 (Mass. App. Ct. 2000). · cites it 9× “Tivnan brought his complaint in Superior Court under G. L. c. 214, § 3B, 1 seeking damages for emotional distress arising from the registry’s alleged violation of G.”

Spring v. Geriatric Auth. of Holyoke, 475 N.E.2d 727 (Mass. 1985). · cites it 2× “66A; whether exemplary damages awarded were excessive and against the weight of evidence; whether the trial judge erred in limiting the second trial to the issue of exemplary damages; and whether the judge's award of attorneys' fees pursuant to G.L.c. 214, § 3B, was improper.…”

Frawley v. Police Comm'r of Cambridge, 46 N.E.3d 504 (Mass. 2016). “, 118 Code Mass. Regs. § 14.03(5) (2005) (individual wanting to challenge decision by executive director of Disabled Persons Protection Commission regarding personal data may seek judicial review pursuant to G.”

Amato v. Dist. Attorney for Cape & Islands Dist., 952 N.E.2d 400 (Mass. App. Ct. 2011). · cites it 3× “” G. L. c. 214, § 3B, inserted by St. 1975, c.”

Doe v. Registrar of Motor Vehs., 528 N.E.2d 880 (Mass. App. Ct. 1988). · cites it 2× “66A, 3 brought this action under G. L. c. 214, § 3B, seeking declaratory and other relief.”

Patry v. Liberty Mobilehome Sales, Inc., 475 N.E.2d 392 (Mass. 1985). “1, 16 (1984) (considering G. L. c. 214, § 3B, and a violation of G.”

Swartz v. Dep't of Banking & Ins., 382 N.E.2d 1050 (Mass. 1978). · cites it 2× “The Legislature also passed a companion act, G. L. c. 214, § 3B, giving individuals damaged by agency violations of the FIFA a right of action against the agency for damages, including exemplary damages, attorney’s fees, and injunctive relief.”

Daly's Case, 537 N.E.2d 1224 (Mass. 1989). “1, 14-16 (1984) (under G. L. c. 214, § 3B, court may award attorney’s fees even when plaintiff has no obligation to pay legal services organization).”

Brady v. Citizens Union Sav. Bank, 38 N.E.3d 301 (Mass. App. Ct. 2015). “1, 14 (1984) (same, with respect to suit under Fair Information Practices Act, G. L. c. 214, § 3B). Recently in Polay v.”

Colonial Estates Assocs. v. Montagna, 469 N.E.2d 1301 (Mass. App. Ct. 1984). “It was observed (at 14) that other courts had reached the same conclusion under “statute\s\ similar to the FIPA” and (at 15) that the legislative goals of encouraging private law enforcement and discouraging noncompliance “have been given more weight in construing the word…”

Clement v. Sheraton Boston Corp., 1 Mass. L. Rptr. 579 (Mass. Super. Ct. 1993). “Clement and Franklin Etienne, are alleging inter alia invasion of privacy in violation G.L.c. 214, §3B. Both plaintiffs are employed by the defendant Sheraton Boston Corporation (“Sheraton”).”

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