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HOUSE DOCKET, NO. 3153 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 3470
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mark J. Cusack
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act protecting transportation network driver data privacy and integrity.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/16/2025 1 of 3
HOUSE DOCKET, NO. 3153 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 3470
By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 3470) of
Mark J. Cusack relative to transportation network driver data privacy. Telecommunications,
Utilities and Energy.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act protecting transportation network driver data privacy and integrity.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Subsection (b)(1) of Section 4 of chapter 150F of the General Laws is
2hereby amended by striking out the second sentence and inserting in place thereof the following
3sentence:-
4 Since the obligation to negotiate in good faith includes an obligation to provide requested
5information that relates to the bargaining process, it is also an unfair work practice for a certified
6or recognized transportation network driver organization to refuse to provide information
7requested by a transportation network company that is relevant to the bargaining process.
8 SECTION 2. Chapter 150F of the General Laws is hereby amended by adding the
9following section:-
10 Section 13. Any record furnished to the board or other state agency by a transportation
11network company pursuant to this chapter including, but not limited to, transportation network
12driver records, shall not be considered a public record as defined in clause twenty-sixth of 2 of 3
13section 7 of Chapter 4 or Chapter 66. Such records are confidential and shall not be disclosed by
14the board or by any persons who may be authorized by the board to control or process them
15solely for purposes of this chapter.
16 SECTION 3. The board, as defined by section 2 of Chapter 150F, shall promulgate
17regulations to implement Chapter 150F no later than December 31, 2025. The board shall
18implement such regulations no later than June 30, 2026. Chapter 150F shall take effect upon the
19board’s implementation of the regulations required by this section. The regulations shall: (a)
20establish the obligations and procedures for the board and transportation network driver
21organizations to protect transportation network driver data from public disclosure and
22unauthorized use, including: (i) minimization of data collected to what is necessary under
23Chapter 150F; (ii) encryption standards adhering to recognized security protocols; (iii) access
24controls to ensure that only authorized persons can view or process driver data; (iv) data
25retention policy; (v) auditing and compliance monitoring; (vi) data breach protocol; (vii) driver
26notification of data sharing; (viii) driver consent and driver opt-out of data sharing; and (ix)
27limitations on data use; (x) limiting the disclosure of driver personal identifying information to
28the confidential uses necessary to effectuate Chapter 150F and not for the purpose of enforcing
29federal immigration law or provided to an agency that primarily enforces immigration law,
30unless the Board is provided with a lawful court order or judicial warrant signed by a judge
31appointed pursuant to Article III of the United States Constitution, a federal grand jury or trial
32subpoena, or as otherwise required by federal law; (b) establish authorization card requirements,
33including the specific form and content of authorization cards and authorization revocation cards,
34receipt records, language access and limited English proficiency protections, authentication
35standards for both electronic and non-electronic authorization cards, data security, submission 3 of 3
36requirements, and the board’s audit review authority; (c) establish procedures for verifying
37transportation network driver organization representation evidence; (d) establish procedures for
38verifying that “active transportation network drivers,” as defined in section 2 of Chapter 150F,
39includes only those independent contractors currently authorized to provide Transportation
40Network Company services by the Transportation Network Company Division of the
41Department of Public Utilities (DPU), who hold a current Background Check Clearance
42Certificate, meet all safety and suitability standards required by DPU regulations, are affiliated
43with an entity holding a current DPU permit, and use non-commercial vehicles to provide
44transportation network company services; (e) establish how the median number of rides by
45authorized transportation network drivers will be determined to set the quarterly active
46transportation network driver thresholds; (f) establish the specific subjects of bargaining under
47terms and conditions of work; (g) establish election procedures for exclusive bargaining
48representations; specify how and when transportation network companies must share driver data
49with transportation network driver organizations while protecting drivers’ privacy and complying
50with data security laws; (h) establish complaint and grievance processes; (i) establish mediation
51and arbitration rules; and (j) establish standards and procedures for board oversight of bargaining
52agreements.