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| 2 | 2 | | HOUSE DOCKET, NO. 3153 FILED ON: 1/16/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3470 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Mark J. Cusack |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act protecting transportation network driver data privacy and integrity. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/16/2025 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3153 FILED ON: 1/16/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3470 |
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| 18 | 18 | | By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 3470) of |
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| 19 | 19 | | Mark J. Cusack relative to transportation network driver data privacy. Telecommunications, |
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| 20 | 20 | | Utilities and Energy. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act protecting transportation network driver data privacy and integrity. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Subsection (b)(1) of Section 4 of chapter 150F of the General Laws is |
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| 30 | 30 | | 2hereby amended by striking out the second sentence and inserting in place thereof the following |
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| 31 | 31 | | 3sentence:- |
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| 32 | 32 | | 4 Since the obligation to negotiate in good faith includes an obligation to provide requested |
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| 33 | 33 | | 5information that relates to the bargaining process, it is also an unfair work practice for a certified |
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| 34 | 34 | | 6or recognized transportation network driver organization to refuse to provide information |
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| 35 | 35 | | 7requested by a transportation network company that is relevant to the bargaining process. |
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| 36 | 36 | | 8 SECTION 2. Chapter 150F of the General Laws is hereby amended by adding the |
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| 37 | 37 | | 9following section:- |
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| 38 | 38 | | 10 Section 13. Any record furnished to the board or other state agency by a transportation |
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| 39 | 39 | | 11network company pursuant to this chapter including, but not limited to, transportation network |
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| 40 | 40 | | 12driver records, shall not be considered a public record as defined in clause twenty-sixth of 2 of 3 |
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| 41 | 41 | | 13section 7 of Chapter 4 or Chapter 66. Such records are confidential and shall not be disclosed by |
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| 42 | 42 | | 14the board or by any persons who may be authorized by the board to control or process them |
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| 43 | 43 | | 15solely for purposes of this chapter. |
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| 44 | 44 | | 16 SECTION 3. The board, as defined by section 2 of Chapter 150F, shall promulgate |
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| 45 | 45 | | 17regulations to implement Chapter 150F no later than December 31, 2025. The board shall |
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| 46 | 46 | | 18implement such regulations no later than June 30, 2026. Chapter 150F shall take effect upon the |
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| 47 | 47 | | 19board’s implementation of the regulations required by this section. The regulations shall: (a) |
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| 48 | 48 | | 20establish the obligations and procedures for the board and transportation network driver |
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| 49 | 49 | | 21organizations to protect transportation network driver data from public disclosure and |
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| 50 | 50 | | 22unauthorized use, including: (i) minimization of data collected to what is necessary under |
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| 51 | 51 | | 23Chapter 150F; (ii) encryption standards adhering to recognized security protocols; (iii) access |
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| 52 | 52 | | 24controls to ensure that only authorized persons can view or process driver data; (iv) data |
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| 53 | 53 | | 25retention policy; (v) auditing and compliance monitoring; (vi) data breach protocol; (vii) driver |
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| 54 | 54 | | 26notification of data sharing; (viii) driver consent and driver opt-out of data sharing; and (ix) |
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| 55 | 55 | | 27limitations on data use; (x) limiting the disclosure of driver personal identifying information to |
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| 56 | 56 | | 28the confidential uses necessary to effectuate Chapter 150F and not for the purpose of enforcing |
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| 57 | 57 | | 29federal immigration law or provided to an agency that primarily enforces immigration law, |
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| 58 | 58 | | 30unless the Board is provided with a lawful court order or judicial warrant signed by a judge |
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| 59 | 59 | | 31appointed pursuant to Article III of the United States Constitution, a federal grand jury or trial |
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| 60 | 60 | | 32subpoena, or as otherwise required by federal law; (b) establish authorization card requirements, |
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| 61 | 61 | | 33including the specific form and content of authorization cards and authorization revocation cards, |
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| 62 | 62 | | 34receipt records, language access and limited English proficiency protections, authentication |
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| 63 | 63 | | 35standards for both electronic and non-electronic authorization cards, data security, submission 3 of 3 |
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| 64 | 64 | | 36requirements, and the board’s audit review authority; (c) establish procedures for verifying |
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| 65 | 65 | | 37transportation network driver organization representation evidence; (d) establish procedures for |
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| 66 | 66 | | 38verifying that “active transportation network drivers,” as defined in section 2 of Chapter 150F, |
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| 67 | 67 | | 39includes only those independent contractors currently authorized to provide Transportation |
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| 68 | 68 | | 40Network Company services by the Transportation Network Company Division of the |
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| 69 | 69 | | 41Department of Public Utilities (DPU), who hold a current Background Check Clearance |
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| 70 | 70 | | 42Certificate, meet all safety and suitability standards required by DPU regulations, are affiliated |
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| 71 | 71 | | 43with an entity holding a current DPU permit, and use non-commercial vehicles to provide |
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| 72 | 72 | | 44transportation network company services; (e) establish how the median number of rides by |
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| 73 | 73 | | 45authorized transportation network drivers will be determined to set the quarterly active |
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| 74 | 74 | | 46transportation network driver thresholds; (f) establish the specific subjects of bargaining under |
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| 75 | 75 | | 47terms and conditions of work; (g) establish election procedures for exclusive bargaining |
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| 76 | 76 | | 48representations; specify how and when transportation network companies must share driver data |
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| 77 | 77 | | 49with transportation network driver organizations while protecting drivers’ privacy and complying |
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| 78 | 78 | | 50with data security laws; (h) establish complaint and grievance processes; (i) establish mediation |
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| 79 | 79 | | 51and arbitration rules; and (j) establish standards and procedures for board oversight of bargaining |
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| 80 | 80 | | 52agreements. |
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