Bill > H103

This bill establishes the Massachusetts Neural Data Privacy Protection Act, creating comprehensive privacy protections for individuals' data with a particular focus on neural data. The bill defines neural data as information generated by measuring an individual's central or peripheral nervous system activity and introduces stringent requirements for covered entities (businesses and organizations collecting or processing data) regarding data collection, processing, and transfer. Key provisions include requiring explicit, informed consent for data collection, giving individuals rights to access, correct, delete, and export their data, and implementing privacy-by-design principles. The bill establishes robust protections for sensitive data, including neural data, prohibiting its collection or transfer without strict conditions. Individuals are granted the right to opt out of data processing, profiling, and targeted advertising, with special protections for minors. The legislation allows for both private right of action and enforcement by the Attorney General, with potential penalties of up to 4% of a company's annual global revenue or $20 million per action for violations. Notably, the bill requires covered entities to provide clear, understandable privacy policies, maintain data security, and avoid discriminatory data practices. The act will take effect one year after its enactment, giving businesses time to adapt to the new requirements.

Business and Industry

https://malegislature.gov/Bills/194/H103