Massachusetts Senate Advances Landmark Consumer Data Privacy Legislation
The Massachusetts Senate today 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.
“The Massachusetts Data Privacy Act guarantees that consumers in our Commonwealth have the right to know what personal data is being collected, to correct or delete that information, and to opt out of the sale or use of their data for targeted advertising,” said Senator Adam Gómez (D-Springfield). “This legislation doesn’t just respond to today’s privacy threats—it anticipates them, placing strong limits on what data can be collected in the first place and banning the sale of our most sensitive information, including biometrics, health data, and precise geolocation”
“This bill is about fairness, transparency, and personal control,” said Senate President Karen E. Spilka (D-Ashland). “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.”
“The Massachusetts Data Privacy Act makes clear that your personal data belongs to you,” said Senate Majority Leader Cynthia Stone Creem (D-Newton). “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.”
“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,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “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.
The bill additionally gives consumers the right to opt out of having their data collected or shared for the purpose of targeted advertising or to be sold to third parties.
If passed, the legislation would give broad regulatory authority to the Attorney General to create regulations and enforce the law to protect Massachusetts consumers.