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The following was submitted by the Office of Rep. Michael S. Day:
Rep. Michael S. Day recently joined his colleagues in passing H.5472, An Act establishing the Massachusetts consumer data privacy act. This landmark legislation establishes essential consumer data privacy rights, provides consumers with greater control over their own data and increases accountability for companies.
“As technology continues to shape nearly every aspect of our lives, protecting our personal data is essential,” said Day. “This bill establishes strong safeguards that empower consumers, protect minors and hold companies accountable for how they collect, use and share personal information. I was proud to join my colleagues in advancing this important legislation.”
“This legislation is about ensuring that the Commonwealth's laws keep pace with the challenges of an increasingly data-driven world, where technology is embedded in nearly every aspect of daily life. Consumers deserve meaningful protections for their personal information and greater control over how that information is collected, used, and sold,” said House Speaker Ronald J. Mariano, D-Quincy. “This bill establishes common-sense safeguards for sensitive data, strengthens transparency, and promotes accountability for entities that profit from personal information – striking an important balance between encouraging innovation and protecting the privacy rights of Massachusetts residents.”
H.5472 allows companies to only collect data that consumers have agreed to share, and data must be protected and deleted when no longer necessary or required by law. Additionally, the bill creates enhanced protections for people under 18, including a ban on targeted advertising directed at minors.
The bill prohibits companies from selling or sharing sensitive data without a user’s consent. Sensitive data includes: biometric and genetic information, precise geolocation data, health and wellness information, reproductive and sexual health data, information about minors under eighteen, government-issued identifiers and information that reveals a person's racial or ethnic origin, national origin, citizenship or immigration status, religious beliefs, sex life, sexual orientation, transgender or non-binary status, union membership, military or veteran status or status as a victim of a crime.
The legislation bans the sale of precise geolocation data, helping protect people from surveillance, stalking and the misuse of highly sensitive personal information.
The bill extends these protections to both Massachusetts residents and visitors alike. This location shield safeguard is particularly important for those seeking reproductive or gender-affirming health care.
“Many of us are unaware just how much of our very personal information is currently collected and sold by social media companies,” continued Day. “This measure will strike the right balance by restoring the clear lines between commercial profits and individual rights.”
The bill also grants the Attorney General rulemaking authority and establishes a private right of action. Consumers can use the private right of action to hold major data holders accountable when they violate the law. Rulemaking authority gives the Attorney General the flexibility to respond to technological developments and provide additional guidance when needed.
The House of Representatives approved the bill unanimously by a vote of 146–0 and it now returns to the Senate for further consideration.
