Bill > S197

This bill introduces comprehensive protections for individual location data privacy in Massachusetts, establishing strict rules for how businesses (referred to as "covered entities") can collect, process, and use location information. The legislation requires businesses to obtain explicit, informed consent from individuals before collecting location data, and only allows such collection for specific "permissible purposes" such as providing requested services, completing financial transactions, complying with legal obligations, or responding to emergencies. Businesses must provide a clear, easily understandable Location Privacy Policy that explains how they will use location data, and they are prohibited from selling, renting, trading, or leasing location information to third parties. The bill also prevents businesses from retaining location data longer than necessary and from collecting more precise location information than needed for their stated purpose. Individuals are given the right to opt out of targeted advertising and can revoke consent at any time, after which the data must be permanently destroyed. The law provides robust enforcement mechanisms, allowing individuals to sue for damages up to $5,000 per violation, and enables the Attorney General to take action against non-compliant businesses. Notably, the bill aims to protect sensitive personal information, particularly in contexts involving reproductive health, LGBTQ rights, and personal privacy, with an implementation timeline of one year after enactment.

Budget and Finance, Business and Industry, Labor and Employment

https://malegislature.gov/Bills/194/S197