Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H83

Introduced
2/16/23  

Caption

To establish the Massachusetts data privacy protection act

Impact

The proposed legislation is expected to significantly impact state laws concerning data privacy and consumer rights. If enacted, it will require businesses to adopt clear practices regarding personal data handling, thus enhancing consumer trust. The act mandates that entities must inform consumers about their data collection practices and provide options for opting out of data sales or processing. Additionally, severe penalties for breaches of these regulations will encourage companies to prioritize data security and individual privacy, potentially leading to reduced incidents of data misuse.

Summary

House Bill 83, referred to as the Massachusetts Data Privacy Protection Act, aims to establish a framework for the collection, processing, and sharing of personal data by businesses and other entities. The bill delineates specific definitions related to personal data, including biometric information and sensitive data types, and mandates that businesses obtain affirmative express consent from individuals before collecting or processing their data. This act seeks to empower consumers with rights to understand and control their personal data, bringing Massachusetts in line with broader national trends in data privacy legislation.

Contention

While many support the initiative as a necessary step towards protecting privacy rights, some stakeholders have raised concerns about the bill's implications for businesses, particularly small enterprises. Critics argue that the compliance costs and operational changes required to meet the standards set by the bill could be burdensome, impacting their ability to compete in the market. Others are worried that the broad definitions of personal data and the stringent consent requirements may stifle innovation in data-driven technologies and services, creating a tension between consumer protection and business creativity.

Companion Bills

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