We have been working hard with partners like EPIC and Consumer Reports to advance a strong, broad commercial privacy bill in the Massachusetts legislature.
This is part of a national effort to counter industry pressure to pass weak state privacy laws (the “Connecticut model“) that put the profits of large data brokers and social media companies over the privacy of ordinary Americans.
The bill that has come out of committee, S.2516, is a redrafted version of the Massachusetts Data Privacy Act (“MDPA”). If enacted, MDPA would be the strongest state privacy law in the nation. It would be most similar to a bill passed in Maryland in 2024.
MDPA is especially strong on data minimization. It bans the sale of precise geolocation data, data about minors, and health data, incorporating the provisions of the narrower Location Shield Act (which we also support). Crucially, it includes a private right of action, meaning that enforcement isn’t reserved for the overburdened Massachusetts Attorney-General’s office, but can be undertaken by the people themselves whose privacy has been harmed. It includes a data broker registry, and a one-stop mechanism for Massachusetts residents to delete their data held by data brokers.
We commend Democratic Senators Moore, Creem, Stone, Driscoll, Comerford, Rausch, Eldridge, Cyr and Jehlen, and Republican Rep. Bradley Jones, for cosponsoring this bill and for their help in moving it to this point. Particular praise is also due to Digital Fourth Co-Chair Julie B., for tirelessly helping legislators with comparisons of bill texts, and for mobilizing calls to legislators from Digital Fourth members, from teachers, and from American Legion members concerned about the privacy of servicemembers, veterans and their families.
However, the bill still has a long way to go before becoming law. The House High-Technology Committee will likely pass its own version, which may be weaker than the Senate’s. Meanwhile, the Senate Ways and Means Committee will consider whether to report the bill out to the floor, and good bills often die in Ways and Means. So, we ask readers and members to call 617-722-1481 today, to let the Senate Ways and Means to let them know you support this bill, and that passing it should be a priority.