Senate Assistant Majority Leader Joan B. Lovely (D-Salem) announced last Friday that the Massachusetts Senate has advanced the Massachusetts Data Privacy Act, sweeping new legislation that establishes some of the strongest consumer data protections in the nation.
The bill protects young people, empowers consumers with new rights over their personal information, limits how businesses and tech companies can collect and use data, and creates robust enforcement authority.
The legislation, S.2608, ensures that Massachusetts residents will have clear and enforceable rights over their personal data, including the right to know what information is being collected, the ability to opt out of having their data sold, and the power to obtain, correct, or delete their data.
“As more people live more of their lives online, their data has gone online with them. But, for too long, personal online data has been used by entities in an invasive manner for their economic benefit and gain, including in ways consumers may be unaware of,” said Sen. Lovely. “This bill will give consumers transparency about how their data is used, provide autonomy for what data is shared, and strengthen enforcement around data sharing.
“I am pleased that this piece of legislation has advanced, and I look forward to working alongside my colleagues in the Senate as we explore the positive impacts this bill will have on consumers across the Commonwealth.”
Senate President Karen E. Spilka (D-Ashland) said, “This bill is about fairness, transparency, and personal control.
“For too long, corporations and the government have treated our most personal information as their property. We are setting the national gold standard for privacy — protecting our kids, our health decisions, and our right to live free from constant tracking. I am profoundly grateful to Majority Leader Creem for her leadership on this work, and to every Senator who contributed ideas to make this the strongest data privacy bill in the country.”
Senate Majority Leader Cynthia Stone Creem (D-Newton) said, “The Massachusetts Data Privacy Act makes clear that your personal data belongs to you. By advancing these strong data privacy measures, Massachusetts is protecting individuals from invasive tracking, giving consumers more rights over their personal data, and creating much needed safeguards for our most sensitive information.”
Sen. Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means, said, “This bipartisan, commonsense bill reported out by the committee today is arguably one of the strongest data privacy bills in the country.
“The legislation strikes a delicate and thoughtful balance, establishing clear guidelines for companies regarding the collection, storage, and use of consumer data. It rests squarely on protecting consumers, giving individuals greater control over their personal data during this era of rapid technological innovation.”
The bill protects minors in Massachusetts by banning the sale of young people’s personal data and banning the use of personal information for targeted advertising. It sharply limits the data that private companies can collect from consumers. It would only allow businesses to collect data that is necessary to provide their product or service and ensures that sensitive data like biometrics are only collected when strictly necessary to provide the product or service.
The legislation bans the sale of sensitive data for all consumers, including geolocation data, health care data such as reproductive information, biometrics, and data related to race, color, religion, national origin, immigration status, or gender.
