In Big Win, Senate Approves Data Privacy Act

The state Senate unanimously approved an omnibus data privacy bill Sept. 25. Thanks to all of you who contacted your Senators in support.

This bill, S.2608, An Act establishing the Massachusetts Data Privacy Act, will ban the sale of sensitive personal data, including geolocation, health and biometric data. The bill number is now S.2619.

The Location Shield Act, one of our priority bills at Day on the Hill, was folded into this bill. Our amendment to include prohibiting the sale of cellphone location data for everyone in the state, not just residents, passed. That change protects those seeking reproductive or gender-affirming health care in Massachusetts who live in states that restrict access to those forms of health care. 

A second amendment we supported closed a loophole in the original bill and will prohibit the sale of all sensitive data. The bill limits the collection and processing of all personal information to what is reasonably necessary to provide the services requested.

The amendments we supported to allow a private right of action when the law is violated did not pass; we’ll try again as the bill moves forward. ACLU, which spearheaded the effort on this bill, noted that the industry amendments to gut the data minimization efforts and allow collection of more data failed.

The bill now moves to the House. We’ll keep you posted on its progress, and let you know when to contact your Representative in support.