Bill > H104

This bill establishes the Massachusetts Data Privacy Act, which creates comprehensive data privacy protections for Massachusetts residents by introducing two new chapters to the state's General Laws: Chapter 93M (Massachusetts Data Privacy Act) and Chapter 93N (Privacy Protections for Location Information Derived from Electronic Devices). The bill defines key terms and establishes a robust framework for how businesses (called "covered entities") can collect, process, and transfer personal data. Key provisions include requiring explicit consent for data collection, giving individuals rights to access, correct, delete, and export their personal data, prohibiting targeted advertising to minors, and establishing strict rules around sensitive data like biometric information and precise geolocation data. The legislation applies to businesses based on their annual revenues and amount of data collected, with more stringent requirements for large data holders. The bill provides individuals with a private right of action to sue for violations, with potential damages ranging from $5,000 to a percentage of the company's annual global revenue. Enforcement is primarily through the Massachusetts Attorney General, who can investigate violations and impose significant penalties. The act will take effect one year after its enactment, giving businesses time to adapt to the new requirements. Overall, the bill represents a comprehensive approach to data privacy that aims to give Massachusetts residents more control over their personal information and hold businesses accountable for responsible data practices.

Business and Industry

https://malegislature.gov/Bills/194/H104