Bill > H86

This bill establishes comprehensive privacy protections for location information derived from electronic devices in Massachusetts, creating new legal requirements for how companies (referred to as "covered entities") can collect, process, and disclose an individual's location data. The legislation defines location information broadly, including GPS coordinates, cell-site data, and internet protocol addresses that can reveal a person's geographical location within 1,850 feet. Key provisions include mandating that entities can only collect location information for specific "permissible purposes" such as providing a requested service, completing a transaction, or responding to emergencies, and requiring explicit, informed consent from individuals before collecting their data. The bill prohibits entities from selling location information to third parties, collecting more precise data than necessary, retaining data longer than needed, and requires companies to provide a clear, understandable privacy policy that outlines how location data will be used. Additionally, the bill provides strong enforcement mechanisms, allowing individuals to sue for damages up to $5,000 per violation or actual damages (whichever is greater) and enabling the Attorney General to bring actions against violators. Importantly, the bill also prevents companies from retaliating against individuals who exercise their privacy rights and ensures that any contractual provisions attempting to waive these protections are void. The legislation will take effect one year after enactment, giving businesses time to adjust their data collection practices.

Business and Industry

https://malegislature.gov/Bills/194/H86