Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S33 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 2520 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 33
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William J. Driscoll, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing the Comprehensive Massachusetts Consumer Data Privacy Act.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :William J. Driscoll, Jr.Norfolk, Plymouth and Bristol 1 of 31
16	16	SENATE DOCKET, NO. 2520 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 33
18	18	By Mr. Driscoll, a petition (accompanied by bill, Senate, No. 33) of William J. Driscoll, Jr. for
19	19	legislation to establish the comprehensive Massachusetts consumer data privacy act. Advanced
20	20	Information Technology, the Internet and Cybersecurity.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act establishing the Comprehensive Massachusetts Consumer Data Privacy Act.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. The General Laws, as appearing in the 2022 Official Edition, are hereby
30	30	2amended by inserting after chapter 93L the following chapter:-
31	31	3 CHAPTER 93M.
32	32	4 Massachusetts Consumer Privacy Act
33	33	5 Section 1. As used in this chapter, unless the context otherwise indicates, the following
34	34	6terms have the following meanings.
35	35	7 “Adult”, any individual who is at least eighteen years of age.
36	36	8 "Affiliate", a legal entity that shares common branding with another legal entity or
37	37	9controls, is controlled by or is under common control with another legal entity. For the purposes
38	38	10of this subdivision, "control" or "controlled" means (A) ownership of, or the power to vote, more
39	39	11than fifty per cent of the outstanding shares of any class of voting security of a company, (B) 2 of 31
40	40	12control in any manner over the election of a majority of the directors or of individuals exercising
41	41	13similar functions, or (C) the power to exercise controlling influence over the management of a
42	42	14company.
43	43	15 "Authenticate", to use reasonable means to determine that a request to exercise any of the
44	44	16rights afforded pursuant to this act is being made by, or on behalf of, the consumer who is
45	45	17entitled to exercise such consumer rights with respect to the personal data at issue.
46	46	18 "Biometric data", data generated by automatic measurements of an individual's biological
47	47	19characteristics, such as a fingerprint, a voiceprint, eye retinas, irises or other unique biological
48	48	20patterns or characteristics that are used to identify a specific individual. "Biometric data" does
49	49	21not include (A) a digital or physical photograph, (B) an audio or video recording, or (C) any data
50	50	22generated from a digital or physical photograph, or an audio or video recording, unless such data
51	51	23is generated to identify a specific individual.
52	52	24 "Business associate" shall have the same meaning as provided in the Health Insurance
53	53	25Portability and Accountability Act of 1996, 42 USC 1320d.
54	54	26 "Child" shall have the same meaning as provided in the federal Children’s Online Privacy
55	55	27Act, 15 U.S.C. 6501.
56	56	28 "Consent", a clear affirmative act signifying a consumer's freely given, specific, informed
57	57	29and unambiguous agreement to allow the processing of personal data relating to the consumer.
58	58	30"Consent" may include a written statement, including by electronic means, or any other
59	59	31unambiguous affirmative action. "Consent" does not include (A) acceptance of a general or
60	60	32broad terms of use or similar document that contains descriptions of personal data processing 3 of 31
61	61	33along with other, unrelated information, (B) hovering over, muting, pausing or closing a given
62	62	34piece of content, or (C) agreement obtained through the use of dark patterns.
63	63	35 "Consumer", an individual who is a resident of this state. "Consumer" does not include an
64	64	36individual acting in a commercial or employment context or as an employee, owner, director,
65	65	37officer or contractor of a company, partnership, sole proprietorship, nonprofit or government
66	66	38agency whose communications or transactions with the controller occur solely within the context
67	67	39of that individual's role with the company, partnership, sole proprietorship, nonprofit or
68	68	40government agency.
69	69	41 “Consumer Health Data”, means any personal data that a controller uses to identify a
70	70	42consumer’s physical or mental health condition or diagnosis, and includes, but is not limited to,
71	71	43gender-affirming health data and reproductive or sexual health data.
72	72	44 "Controller", an individual who, or legal entity that, alone or jointly with others
73	73	45determines the purpose and means of processing personal data.
74	74	46 "COPPA", the Children's Online Privacy Protection Act of 1998, 15 USC 6501 et seq.,
75	75	47and the regulations, rules, guidance and exemptions adopted pursuant to said act, as said act and
76	76	48such regulations, rules, guidance and exemptions may be amended from time to time.
77	77	49 "Covered entity", shall have the same meaning as provided in the Health Insurance
78	78	50Portability and Accountability Act of 1996, 42 USC 1320d.
79	79	51 "Dark pattern", (A) a user interface designed or manipulated with the effect of
80	80	52substantially subverting or impairing user autonomy, decision-making or choice, and (B) 4 of 31
81	81	53includes, but is not limited to, any practice the Federal Trade Commission refers to as a "dark
82	82	54pattern".
83	83	55 "Decisions that produce legal or similarly significant effects concerning the consumer",
84	84	56decisions made by the controller that result in the provision or denial by the controller of
85	85	57financial or lending services, housing, insurance, education enrollment or opportunity, criminal
86	86	58justice, employment opportunities, health care services or access to basic necessities such as food
87	87	59and water.
88	88	60 "De-identified data", data that cannot reasonably be used to infer information about, or
89	89	61otherwise be linked to, an identified or identifiable individual, or a device linked to such
90	90	62individual, if the controller that possesses such data (A) takes reasonable measures to ensure that
91	91	63such data cannot be associated with an individual, (B) publicly commits to process such data
92	92	64only in a de-identified fashion and not attempt to re-identify such data, and (C) contractually
93	93	65obligates any recipients of such data to satisfy the criteria set forth in subparagraphs (A) and (B)
94	94	66of this subdivision.
95	95	67 “Gender-affirming health care services” shall have the same meaning as provided in
96	96	68section 1 of chapter 9A of the General Laws as amended by chapter 127 of the Acts of 2022.
97	97	69 “Gender-affirming health data”, any personal data concerning an effort made by a
98	98	70consumer to seek, or a consumer’s receipt of, gender-affirming health care services.
99	99	71 “Geofence”, any technology that uses global positioning coordinates, cell tower
100	100	72connectivity, cellular data, radio frequency identification, wireless fidelity technology data or
101	101	73any other form of location detection, or any combination of such coordinates, connectivity, data,
102	102	74identification or other form of location detection, to establish a virtual boundary. 5 of 31
103	103	75 “Heightened risk of harm to minors”, processing minors' personal data in a manner that
104	104	76presents any reasonably foreseeable risk of (A) any unfair or deceptive treatment of, or any
105	105	77unlawful disparate impact on, minors, (B) any financial, physical or reputational injury to
106	106	78minors, or (C) any physical or other intrusion upon the solitude or seclusion, or the private affairs
107	107	79or concerns, of minors if such intrusion would be offensive to a reasonable person;
108	108	80 "HIPAA", the Health Insurance Portability and Accountability Act of 1996, 42 USC
109	109	811320d et seq., as amended from time to time.
110	110	82 "Identified or identifiable individual", an individual who can be readily identified,
111	111	83directly or indirectly.
112	112	84 "Institution of higher education", any individual who, or school, board, association,
113	113	85limited liability company or corporation that, is licensed or accredited to offer one or more
114	114	86programs of higher learning leading to one or more degrees.
115	115	87 “Mental health facility”, any health care facility in which at least seventy per cent of the
116	116	88health care services provided in such facility are mental health services.
117	117	89 “Minor”, any consumer who is younger than eighteen years of age.
118	118	90 "Nonprofit organization", any organization that is exempt from taxation under Section
119	119	91501(c)(3), 501(c)(4), 501(c)(6) or 501(c)(12) of the Internal Revenue Code of 1986, or any
120	120	92subsequent corresponding internal revenue code of the United States, as amended from time to
121	121	93time.
122	122	94 “Online service, product or feature”, any service, product or feature that is provided
123	123	95online. "Online service, product or feature" does not include any (A) telecommunications 6 of 31
124	124	96service, as defined in 47 USC 153, as amended from time to time, (B) broadband Internet access
125	125	97service, as defined in 47 CFR 54.400, as amended from time to time, or (C) delivery or use of a
126	126	98physical product;
127	127	99 "Personal data", any information that is linked or reasonably linkable to an identified or
128	128	100identifiable individual. "Personal data" does not include de-identified data or publicly available
129	129	101information.
130	130	102 "Precise geolocation data", information derived from technology, including, but not
131	131	103limited to, global positioning system level latitude and longitude coordinates or other
132	132	104mechanisms, that directly identifies the specific location of an individual with precision and
133	133	105accuracy within a radius of one thousand seven hundred fifty feet. "Precise geolocation data"
134	134	106does not include: (i) the content of communications; or (ii) any data generated by or connected to
135	135	107advanced utility metering infrastructure systems or equipment for use by a utility.
136	136	108 "Process" or "processing", any operation or set of operations performed, whether by
137	137	109manual or automated means, on personal data or on sets of personal data, such as the collection,
138	138	110use, storage, disclosure, analysis, deletion or modification of personal data.
139	139	111 "Processor", an individual who, or legal entity that, processes personal data on behalf of a
140	140	112controller.
141	141	113 "Profiling", any form of automated processing performed on personal data to evaluate,
142	142	114analyze or predict personal aspects related to an identified or identifiable individual's economic
143	143	115situation, health, personal preferences, interests, reliability, behavior, location or movements.
144	144	116 "Protected health information", shall have the same meaning as provided in HIPAA. 7 of 31
145	145	117 "Pseudonymous data", personal data that cannot be attributed to a specific individual
146	146	118without the use of additional information, provided such additional information is kept separately
147	147	119and is subject to appropriate technical and organizational measures to ensure that the personal
148	148	120data is not attributed to an identified or identifiable individual.
149	149	121 "Publicly available information", information that (A) is lawfully made available through
150	150	122federal, state or municipal government records or widely distributed media, or (B) a controller
151	151	123has a reasonable basis to believe a consumer has lawfully made available to the general public.
152	152	124 “Reproductive or sexual health care”, any health care-related services or products
153	153	125rendered or provided concerning a consumer’s reproductive system or sexual well-being,
154	154	126including, but not limited to, any such service or product rendered or provided concerning (A) an
155	155	127individual health condition, status, disease, diagnosis, diagnostic test or treatment, (B) a social,
156	156	128psychological, behavioral or medical intervention, (C) a surgery or procedure, including, but not
157	157	129limited to, an abortion, (D) a use or purchase of a medication, including, but not limited to, a
158	158	130medication used or purchased for the purposes of an abortion, (E) a bodily function, vital sign or
159	159	131symptom, (F) a measurement of a bodily function, vital sign or symptom, or (G) an abortion,
160	160	132including, but not limited to, medical or nonmedical services, products, diagnostics, counseling
161	161	133or follow-up services for an abortion.
162	162	134 “Reproductive or sexual health data”, any personal data concerning an effort made by a
163	163	135consumer to seek, or a consumer's receipt of, reproductive or sexual health care.
164	164	136 “Reproductive or sexual health facility”, any health care facility in which at least seventy
165	165	137per cent of the health care-related services or products rendered or provided in such facility are
166	166	138reproductive or sexual health care. 8 of 31
167	167	139 "Sale of personal data", the exchange of personal data for monetary or other valuable
168	168	140consideration by the controller to a third party. "Sale of personal data" does not include (A) the
169	169	141disclosure of personal data to a processor that processes the personal data on behalf of the
170	170	142controller, (B) the disclosure of personal data to a third party for purposes of providing a product
171	171	143or service requested by the consumer, (C) the disclosure or transfer of personal data to an
172	172	144affiliate of the controller, (D) the disclosure of personal data where the consumer directs the
173	173	145controller to disclose the personal data or intentionally uses the controller to interact with a third
174	174	146party, (E) the disclosure of personal data that the consumer (i) intentionally made available to the
175	175	147general public via a channel of mass media, and (ii) did not restrict to a specific audience, or (F)
176	176	148the disclosure or transfer of personal data to a third party as an asset that is part of a merger,
177	177	149acquisition, bankruptcy or other transaction, or a proposed merger, acquisition, bankruptcy or
178	178	150other transaction, in which the third party assumes control of all or part of the controller's assets.
179	179	151 "Sensitive data", personal data that includes (A) data revealing racial or ethnic origin,
180	180	152religious beliefs, mental or physical health condition or diagnosis, sex life, sexual orientation or
181	181	153citizenship or immigration status, (B) the processing of genetic or biometric data for the purpose
182	182	154of uniquely identifying an individual, (C) personal data collected from a known child, (D)
183	183	155precise geolocation data; (E) status as transgender or nonbinary; (F) consumer health data; or (G)
184	184	156data concerning an individual’s status as victim of a crime.
185	185	157 "Targeted advertising", displaying advertisements to a consumer where the advertisement
186	186	158is selected based on personal data obtained or inferred from that consumer's activities over time
187	187	159and across nonaffiliated Internet web sites or online applications to predict such consumer's
188	188	160preferences or interests. "Targeted advertising" does not include (A) advertisements based on
189	189	161activities within a controller's own Internet web sites or online applications, (B) advertisements 9 of 31
190	190	162based on the context of a consumer's current search query, visit to an Internet web site or online
191	191	163application, (C) advertisements directed to a consumer in response to the consumer's request for
192	192	164information or feedback, or (D) processing personal data solely to measure or report advertising
193	193	165frequency, performance or reach.
194	194	166 "Third party", an individual or legal entity, such as a public authority, agency or body,
195	195	167other than the consumer, controller or processor or an affiliate of the processor or the controller.
196	196	168 "Trade secret", shall have the same meaning as provided in section 2 of chapter 93 of the
197	197	169General Laws.
198	198	170 Section 2. The provisions of this act apply to persons that conduct business in this state or
199	199	171persons that produce products or services that are targeted to residents of this state and that
200	200	172during the preceding calendar year: (A) Controlled or processed the personal data of not less than
201	201	173one hundred thousand consumers, excluding personal data controlled or processed solely for the
202	202	174purpose of completing a payment transaction; or (B) controlled or processed the personal data of
203	203	175not less than twenty-five thousand consumers and derived more than twenty-five per cent of their
204	204	176gross revenue from the sale of personal data.
205	205	177 Section 3. (a) The provisions of this act do not apply to any: (1) Body, authority, board,
206	206	178bureau, commission, district or agency of this state or of any political subdivision of this state, or
207	207	179person who has entered into a contract with such entity while such person is processing
208	208	180consumer health data on behalf of such entity; (2) institution of higher education; (2) national
209	209	181securities association that is registered under 15 USC 78o-3 of the Securities Exchange Act of
210	210	1821934, as amended from time to time; (3) financial institution or data subject to Title V of the 10 of 31
211	211	183Gramm-Leach-Bliley Act, 15 USC 6801 et seq.; or (4) covered entity or business associate, as
212	212	184defined in 45 CFR 160.103.
213	213	185 (b)The following information and data is exempt from of the provisions of this act:
214	214	186(1) Protected health information under HIPAA; (2) patient-identifying information for purposes
215	215	187of 42 USC 290dd-2; (3) identifiable private information for purposes of the federal policy for the
216	216	188protection of human subjects under 45 CFR 46; (4) identifiable private information that is
217	217	189otherwise information collected as part of human subjects research pursuant to the good clinical
218	218	190practice guidelines issued by the International Council for Harmonization of Technical
219	219	191Requirements for Pharmaceuticals for Human Use; (5) the protection of human subjects under 21
220	220	192CFR Parts 6, 50 and 56, or personal data used or shared in research, as defined in 45 CFR
221	221	193164.501, that is conducted in accordance with the standards set forth in this subdivision and
222	222	194subdivisions (3) and (4) of this subsection, or other research conducted in accordance with
223	223	195applicable law; (6) information and documents created for purposes of the Health Care Quality
224	224	196Improvement Act of 1986, 42 USC 11101 et seq.; (7) information derived from any of the health
225	225	197care related information listed in this subsection that is deidentified in accordance with the
226	226	198requirements for de-identification pursuant to HIPAA; (8) information originating from and
227	227	199intermingled to be indistinguishable with, or information treated in the same manner as,
228	228	200information exempt under this subsection that is maintained by a covered entity or business
229	229	201associate, program or qualified service organization, as specified in 42 USC 290dd-2, as
230	230	202amended from time to time; (9) information used for public health activities and purposes as
231	231	203authorized by HIPAA, community health activities and population health activities; (10) the
232	232	204collection, maintenance, disclosure, sale, communication or use of any personal information
233	233	205bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general 11 of 31
234	234	206reputation, personal characteristics or mode of living by a consumer reporting agency, furnisher
235	235	207or user that provides information for use in a consumer report, and by a user of a consumer
236	236	208report, but only to the extent that such activity is regulated by and authorized under the Fair
237	237	209Credit Reporting Act, 15 USC 1681 et seq., as amended from time to time; (11) personal data
238	238	210collected, processed, sold or disclosed in compliance with the Driver's Privacy Protection Act of
239	239	2111994, 18 USC 2721 et seq., as amended from time to time; (12) personal data regulated by the
240	240	212Family Educational Rights and Privacy Act, 20 USC 1232g et seq., as amended from time to
241	241	213time; (13) personal data collected, processed, sold or disclosed in compliance with the Farm
242	242	214Credit Act, 12 USC 2001 et seq., as amended from time to time; (14) data processed or
243	243	215maintained (A) in the course of an individual applying to, employed by or acting as an agent or
244	244	216independent contractor of a controller, processor or third party, to the extent that the data is
245	245	217collected and used within the context of that role, (B) as the emergency contact information of an
246	246	218individual under Section 1 of this act used for emergency contact purposes, or (C) that is
247	247	219necessary to retain to administer benefits for another individual relating to the individual who is
248	248	220the subject of the information under subdivision (1) of this subsection and used for the purposes
249	249	221of administering such benefits; and (15) personal data collected, processed, sold or disclosed in
250	250	222relation to price, route or service, as such terms are used in the Airline Deregulation Act, 49 USC
251	251	22340101 et seq., as amended from time to time, by an air carrier subject to said act, to the extent
252	252	224Section 1 of this act are preempted by the Airline Deregulation Act, 49 USC 41713, as amended
253	253	225from time to time.
254	254	226 (c)Controllers and processors that comply with the verifiable parental consent
255	255	227requirements of COPPA shall be deemed compliant with any obligation to obtain parental
256	256	228consent pursuant to Section 1 of this act. 12 of 31
257	257	229 Section 4. (a) A consumer shall have the right to: (1) confirm whether or not a controller
258	258	230is processing the consumer's personal data and access such personal data, unless such
259	259	231confirmation or access would require the controller to reveal a trade secret; (2) correct
260	260	232inaccuracies in the consumer's personal data, taking into account the nature of the personal data
261	261	233and the purposes of the processing of the consumer's personal data; (3) delete personal data
262	262	234provided by, or obtained about, the consumer; (4) obtain a copy of the consumer's personal data
263	263	235processed by the controller, in a portable and, to the extent technically feasible, readily usable
264	264	236format that allows the consumer to transmit the data to another controller without hindrance,
265	265	237where the processing is carried out by automated means, provided such controller shall not be
266	266	238required to reveal any trade secret; and (5) opt out of the processing of the personal data for
267	267	239purposes of (A) targeted advertising, (B) the sale of personal data, except as provided in
268	268	240subsection (b) of section 6 of this act, or (C) profiling in furtherance of solely automated
269	269	241decisions that produce legal or similarly significant effects concerning the consumer.
270	270	242 (b)A consumer may exercise rights under this section by a secure and reliable means
271	271	243established by the controller and described to the consumer in the controller's privacy notice. A
272	272	244consumer may designate an authorized agent in accordance with section 5 of this act to exercise
273	273	245the rights of such consumer to opt out of the processing of such consumer's personal data for
274	274	246purposes of subdivision (5) (A) and (B) of subsection (a) of this section on behalf of the
275	275	247consumer. In the case of processing personal data of a known child, the parent or legal guardian
276	276	248may exercise such consumer rights on the child's behalf. In the case of processing personal data
277	277	249concerning a consumer subject to a guardianship, conservatorship or other protective
278	278	250arrangement, the guardian or the conservator of the consumer may exercise such rights on the
279	279	251consumer's behalf. 13 of 31
280	280	252 (c)Except as otherwise provided in this act, a controller shall comply with a request
281	281	253by a consumer to exercise the consumer rights authorized pursuant to said sections as follows:
282	282	254 (1)A controller shall respond to the consumer without undue delay, but not later than
283	283	255forty-five days after receipt of the request. The controller may extend the response period by
284	284	256forty-five additional days when reasonably necessary, considering the complexity and number of
285	285	257the consumer's requests, provided the controller informs the consumer of any such extension
286	286	258within the initial forty-five-day response period and of the reason for the extension.
287	287	259 (2)If a controller declines to take action regarding the consumer's request, the
288	288	260controller shall inform the consumer without undue delay, but not later than forty-five days after
289	289	261receipt of the request, of the justification for declining to take action and instructions for how to
290	290	262appeal the decision.
291	291	263 (3)Information provided in response to a consumer request shall be provided by a
292	292	264controller, free of charge, once per consumer during any twelve-month period. If requests from a
293	293	265consumer are manifestly unfounded, technically infeasible, excessive or repetitive, the controller
294	294	266may charge the consumer a reasonable fee to cover the administrative costs of complying with
295	295	267the request or decline to act on the request. The controller bears the burden of demonstrating the
296	296	268manifestly unfounded, technically infeasible, excessive or repetitive nature of the request.
297	297	269 (4)If a controller is unable to authenticate a request to exercise any of the rights
298	298	270afforded under subdivisions (1) to (4), inclusive, of subsection (a) of this section using
299	299	271commercially reasonable efforts, the controller shall not be required to comply with a request to
300	300	272initiate an action pursuant to this section and shall provide notice to the consumer that the
301	301	273controller is unable to authenticate the request to exercise such right or rights until such 14 of 31
302	302	274consumer provides additional information reasonably necessary to authenticate such consumer
303	303	275and such consumer's request to exercise such right or rights. A controller shall not be required to
304	304	276authenticate an opt-out request, but a controller may deny an opt-out request if the controller has
305	305	277a good faith, reasonable and documented belief that such request is fraudulent. If a controller
306	306	278denies an opt-out request because the controller believes such request is fraudulent, the controller
307	307	279shall send a notice to the person who made such request disclosing that such controller believes
308	308	280such request is fraudulent, why such controller believes such request is fraudulent and that such
309	309	281controller shall not comply with such request.
310	310	282 (5)A controller that has obtained personal data about a consumer from a source other
311	311	283than the consumer shall be deemed in compliance with a consumer's request to delete such data
312	312	284pursuant to subdivision (3) of subsection (a) of this section by (A) retaining a record of the
313	313	285deletion request and the minimum data necessary for the purpose of ensuring the consumer's
314	314	286personal data remains deleted from the controller's records and not using such retained data for
315	315	287any other purpose pursuant to the provisions of Section 1 of this act, or (B) opting the consumer
316	316	288out of the processing of such personal data for any purpose except for those exempted pursuant
317	317	289to the provisions of Section 1 of this act.
318	318	290 (d) A controller shall establish a process for a consumer to appeal the controller's refusal
319	319	291to take action on a request within a reasonable period of time after the consumer's receipt of the
320	320	292decision. The appeal process shall be conspicuously available and similar to the process for
321	321	293submitting requests to initiate action pursuant to this section. Not later than sixty days after
322	322	294receipt of an appeal, a controller shall inform the consumer in writing of any action taken or not
323	323	295taken in response to the appeal, including a written explanation of the reasons for the decisions.
324	324	296If the appeal is denied, the controller shall also provide the consumer with an online mechanism, 15 of 31
325	325	297if available, or other method through which the consumer may contact the Attorney General to
326	326	298submit a complaint.
327	327	299 Section 5. A consumer may designate another person to serve as the consumer's
328	328	300authorized agent, and act on such consumer's behalf, to opt out of the processing of such
329	329	301consumer's personal data for one or more of the purposes specified in subdivision (5) (A) and (B)
330	330	302of subsection (a) of section 4 of this act. A controller shall comply with an opt-out request
331	331	303received from an authorized agent if the controller is able to verify, with commercially
332	332	304reasonable effort, the identity of the consumer and the authorized agent's authority to act on such
333	333	305consumer's behalf.
334	334	306 Section 6. (a) A controller shall: (1) Limit the collection of personal data to what is
335	335	307adequate, relevant and reasonably necessary in relation to the purposes for which such data is
336	336	308processed, as disclosed to the consumer; (2) except as otherwise provided in Section 1 of this act,
337	337	309not process personal data for purposes that are neither reasonably necessary to, nor compatible
338	338	310with, the disclosed purposes for which such personal data is processed, as disclosed to the
339	339	311consumer, unless the controller obtains the consumer's consent; (3) establish, implement and
340	340	312maintain reasonable administrative, technical and physical data security practices to protect the
341	341	313confidentiality, integrity and accessibility of personal data appropriate to the volume and nature
342	342	314of the personal data at issue; (4) not process sensitive data concerning a consumer without
343	343	315obtaining the consumer's consent; (5) in the case of the processing of sensitive data concerning a
344	344	316known child, without processing such data in accordance with COPPA; (6) not process personal
345	345	317data in violation of the laws of this state and federal laws that prohibit unlawful discrimination
346	346	318against consumers; (7) provide an effective mechanism for a consumer to revoke the consumer's
347	347	319consent under this section that is at least as easy as the mechanism by which the consumer 16 of 31
348	348	320provided the consumer's consent and, upon revocation of such consent, cease to process the data
349	349	321as soon as practicable, but not later than forty-five days after the receipt of such request; and (8)
350	350	322not process the personal data of a consumer for purposes of targeted advertising, or sell the
351	351	323consumer's personal data without the consumer's consent, under circumstances where a
352	352	324controller has actual knowledge, and willfully disregards, that the consumer is at least thirteen
353	353	325years of age but younger than sixteen years of age. A controller shall not discriminate against a
354	354	326consumer for exercising any of the consumer rights contained in Section 4 of this act, including
355	355	327denying goods or services, charging different prices or rates for goods or services or providing a
356	356	328different level of quality of goods or services to the consumer.
357	357	329 (b)Nothing in subsection (a) of this section shall be construed to require a controller
358	358	330to provide a product or service that requires the personal data of a consumer which the controller
359	359	331does not collect or maintain, or prohibit a controller from offering a different price, rate, level,
360	360	332quality or selection of goods or services to a consumer, including offering goods or services for
361	361	333no fee, if the offering is in connection with a consumer's voluntary participation in a bona fide
362	362	334loyalty, rewards, premium features, discounts or club card program.
363	363	335 (c)A controller shall provide consumers with a reasonably accessible, clear and
364	364	336meaningful privacy notice that includes: (1) The categories of personal data processed by the
365	365	337controller; (2) the purpose for processing personal data; (3) how consumers may exercise their
366	366	338consumer rights, including how a consumer may appeal a controller's decision with regard to the
367	367	339consumer's request; (4) the categories of personal data that the controller shares with third
368	368	340parties, if any; (5) the categories of third parties, if any, with which the controller shares personal
369	369	341data; and (6) an active electronic mail address or other mechanism that the consumer may use to
370	370	342contact the controller. 17 of 31
371	371	343 (d)If a controller sells personal data to third parties or processes personal data for
372	372	344targeted advertising, the controller shall clearly and conspicuously disclose such processing, as
373	373	345well as the manner in which a consumer may exercise the right to opt out of such processing.
374	374	346 (e)(1) A controller shall establish, and shall describe in a privacy notice, one or more
375	375	347secure and reliable means for consumers to submit a request to exercise their consumer rights
376	376	348pursuant to this act. Such means shall take into account the ways in which consumers normally
377	377	349interact with the controller, the need for secure and reliable communication of such requests and
378	378	350the ability of the controller to verify the identity of the consumer making the request.
379	379	351 A controller shall not require a consumer to create a new account in order to exercise
380	380	352consumer rights, but may require a consumer to use an existing account. Any such means shall
381	381	353include:
382	382	354 (A)(i) Providing a clear and conspicuous link on the controller's Internet web site to
383	383	355an Internet web page that enables a consumer, or an agent of the consumer, to opt out of the
384	384	356targeted advertising or sale of the consumer's personal data; and
385	385	357 (ii) Not later than July 1, 2025, allowing a consumer to opt out of any processing of the
386	386	358consumer's personal data for the purposes of targeted advertising, or any sale of such personal
387	387	359data, through an opt out preference signal sent, with such consumer's consent, by a platform,
388	388	360technology or mechanism to the controller indicating such consumer's intent to opt out of any
389	389	361such processing or sale. Such platform, technology or mechanism shall:
390	390	362 (I)Not unfairly disadvantage another controller; 18 of 31
391	391	363 (II)Not make use of a default setting, but, rather, require the consumer to make an
392	392	364affirmative, freely given and unambiguous choice to opt out of any processing of such
393	393	365consumer's personal data pursuant to Section 1 of this act;
394	394	366 (III)Be consumer-friendly and easy to use by the average consumer;
395	395	367 (IV)Be as consistent as possible with any other similar platform, technology or
396	396	368mechanism required by any federal or state law or regulation; and
397	397	369 (V)Enable the controller to accurately determine whether the consumer is a resident
398	398	370of this state and whether the consumer has made a legitimate request to opt out of any sale of
399	399	371such consumer's personal data or targeted advertising.
400	400	372 (B)A controller that recognizes opt out preference signals that have been approved by
401	401	373other state laws or regulations shall be deemed to be in compliance with subsection (A) of this
402	402	374section.
403	403	375 (C)If a consumer's decision to opt out of any processing of the consumer's personal
404	404	376data for the purposes of targeted advertising, or any sale of such personal data, through an opt-
405	405	377out preference signal sent in accordance with the provisions of subparagraph (A) of this
406	406	378subdivision conflicts with the consumer's existing voluntary participation in a controller's bona
407	407	379fide loyalty, rewards, premium features, discounts or club card program, the controller shall
408	408	380comply with such consumer's opt-out preference signal but may notify such consumer of such
409	409	381conflict and provide to such consumer the choice to confirm participation in such program.
410	410	382 (2) If a controller responds to consumer opt‐out requests received pursuant to
411	411	383subparagraph (A) of subdivision (1) of this subsection by informing the consumer of a charge for 19 of 31
412	412	384the use of any product or service, the controller shall present the terms of any financial incentive
413	413	385offered pursuant to subsection (b) of this section for the retention, use, sale or sharing of the
414	414	386consumer's personal data.
415	415	387 (f) A controller shall not: (1) use a geofence to establish a virtual boundary that is within
416	416	388one thousand seven hundred fifty feet of any mental health facility or reproductive or sexual
417	417	389health facility for the purpose of identifying, tracking, collecting data from or sending any
418	418	390notification to a consumer regarding the consumer’s consumer health data; or (2) sell, or offer to
419	419	391sell, consumer health data without first obtaining the consumer’s consent.
420	420	392 Section 7. (a) Each controller that offers any online service, product or feature to
421	421	393consumers whom such controller has actual knowledge, or willfully disregards, are minors shall
422	422	394use reasonable care to avoid any heightened risk of harm to minors caused by such online
423	423	395service, product or feature. In any enforcement action brought by the Attorney General pursuant
424	424	396to this act, there shall be a rebuttable presumption that a controller used reasonable care as
425	425	397required under this section if the controller complied with the provisions of this act concerning
426	426	398data protection assessments.
427	427	399 (b) (1) Subject to the consent requirement established in subdivision (3) of this
428	428	400subsection, no controller that offers any online service, product or feature to consumers whom
429	429	401such controller has actual knowledge, or willfully disregards, are minors shall: (A) Process any
430	430	402minor's personal data (i) for the purposes of (I) targeted advertising, (II) any sale of personal
431	431	403data, or (III) profiling in furtherance of any fully automated decision made by such controller
432	432	404that produces any legal or similarly significant effect concerning the provision or denial by such
433	433	405controller of any financial or lending services, housing, insurance, education enrollment or 20 of 31
434	434	406opportunity, criminal justice, employment opportunity, health care services or access to essential
435	435	407goods or services, (ii) unless such processing is reasonably necessary to provide such online
436	436	408service, product or feature, (iii) for any processing purpose (I) other than the processing purpose
437	437	409that the controller disclosed at the time such controller collected such personal data, or (II) that is
438	438	410reasonably necessary for, and compatible with, the processing purpose described in subparagraph
439	439	411(A)(iii)(I) of this subdivision, or (iv) for longer than is reasonably necessary to provide such
440	440	412online service, product or feature; or (B) use any system design feature to significantly increase,
441	441	413sustain or extend any minor's use of such online service, product or feature. The provisions of
442	442	414this subdivision shall not apply to any service or application that is used by and under the
443	443	415direction of an educational entity, including, but not limited to, a learning management system or
444	444	416a student engagement program.
445	445	417 (2) Subject to the consent requirement established in subdivision (3) of this subsection,
446	446	418no controller that offers an online service, product or feature to consumers whom such controller
447	447	419has actual knowledge, or willfully disregards, are minors shall collect a minor's precise
448	448	420geolocation data unless: (A) Such precise geolocation data is reasonably necessary for the
449	449	421controller to provide such online service, product or feature and, if such data is necessary to
450	450	422provide such online service, product or feature, such controller may only collect such data for the
451	451	423time necessary to provide such online service, product or feature; and (B) the controller provides
452	452	424to the minor a signal indicating that such controller is collecting such precise geolocation data,
453	453	425which signal shall be available to such minor for the entire duration of such collection.
454	454	426 (3) No controller shall engage in the activities described in subdivisions (1) and (2) of
455	455	427this subsection unless the controller obtains the minor's consent or, if the minor is younger than
456	456	428thirteen years of age, the consent of such minor's parent or legal guardian. A controller that 21 of 31
457	457	429complies with the verifiable parental consent requirements established in the Children's Online
458	458	430Privacy Protection Act of 1998, 15 USC 6501 et seq., and the regulations, rules, guidance and
459	459	431exemptions adopted pursuant to said act, as said act and such regulations, rules, guidance and
460	460	432exemptions may be amended from time to time, shall be deemed to have satisfied any
461	461	433requirement to obtain parental consent under this subdivision.
462	462	434 (c) (1) No controller that offers any online service, product or feature to consumers whom
463	463	435such controller has actual knowledge, or willfully disregards, are minors shall: (A) Provide any
464	464	436consent mechanism that is designed to substantially subvert or impair, or is manipulated with the
465	465	437effect of substantially subverting or impairing, user autonomy, decision-making or choice; or (B)
466	466	438except as provided in subdivision (2) of this subsection, offer any direct messaging apparatus for
467	467	439use by minors without providing readily accessible and easy-to-use safeguards to limit the ability
468	468	440of adults to send unsolicited communications to minors with whom they are not connected.
469	469	441 (2) The provisions of subparagraph (B) of subdivision (1) of this subsection shall not
470	470	442apply to services where the predominant or exclusive function is: (A) Electronic mail; or (B)
471	471	443direct messaging consisting of text, photos or videos that are sent between devices by electronic
472	472	444means, where messages are (i) shared between the sender and the recipient, (ii) only visible to
473	473	445the sender and the recipient, and (iii) not posted publicly.
474	474	446 Section 8. (a) A processor shall adhere to the instructions of a controller and shall assist
475	475	447the controller in meeting the controller's obligations under Section 1 of this act. Such assistance
476	476	448shall include: (1) Taking into account the nature of processing and the information available to
477	477	449the processor, by appropriate technical and organizational measures, insofar as is reasonably
478	478	450practicable, to fulfill the controller's obligation to respond to consumer rights requests; (2) taking 22 of 31
479	479	451into account the nature of processing and the information available to the processor, by assisting
480	480	452the controller in meeting the controller's obligations in relation to the security of processing the
481	481	453personal data and in relation to the notification of a breach of security pursuant to chapter 93H of
482	482	454the General Laws, of the system of the processor, in order to meet the controller's obligations;
483	483	455and (3) providing necessary information to enable the controller to conduct and document data
484	484	456protection assessments.
485	485	457 (b)A contract between a controller and a processor shall govern the processor's data
486	486	458processing procedures with respect to processing performed on behalf of the controller. The
487	487	459contract shall be binding and clearly set forth instructions for processing data, the nature and
488	488	460purpose of processing, the type of data subject to processing, the duration of processing and the
489	489	461rights and obligations of both parties. The contract shall also require that the processor: (1)
490	490	462Ensure that each person processing personal data is subject to a duty of confidentiality with
491	491	463respect to the data; (2) at the controller's direction, delete or return all personal data to the
492	492	464controller as requested at the end of the provision of services, unless retention of the personal
493	493	465data is required by law; (3) upon the reasonable request of the controller, make available to the
494	494	466controller all information in its possession necessary to demonstrate the processor's compliance
495	495	467with the obligations in Section 1 of this act; and (4) allow, and cooperate with, reasonable
496	496	468assessments by the controller or the controller's designated assessor, or the processor may
497	497	469arrange for a qualified and independent assessor to conduct an assessment of the processor's
498	498	470policies and technical and organizational measures in support of the obligations under Section 1
499	499	471of this act, using an appropriate and accepted control standard or framework and assessment
500	500	472procedure for such assessments. The processor shall provide a report of such assessment to the
501	501	473controller upon request; and (5) engage any subcontractor pursuant to a written contract that 23 of 31
502	502	474requires the subcontractor to meet the obligations of the processor with respect to the personal
503	503	475data.
504	504	476 (c)Nothing in this section shall be construed to relieve a controller or processor from
505	505	477the liabilities imposed on the controller or processor by virtue of such controller's or processor's
506	506	478role in the processing relationship, as described in Section 1 of this act.
507	507	479 (d)Determining whether a person is acting as a controller or processor with respect to
508	508	480a specific processing of data is a fact-based determination that depends upon the context in
509	509	481which personal data is to be processed. A person who is not limited in such person's processing
510	510	482of personal data pursuant to a controller's instructions, or who fails to adhere to such instructions,
511	511	483is a controller and not a processor with respect to a specific processing of data. A processor that
512	512	484continues to adhere to a controller's instructions with respect to a specific processing of personal
513	513	485data remains a processor. If a processor begins, alone or jointly with others, determining the
514	514	486purposes and means of the processing of personal data, the processor is a controller with respect
515	515	487to such processing and may be subject to an enforcement action under section 12 of this act.
516	516	488 Section 9. (a) A controller shall conduct and document a data protection assessment for
517	517	489each of the controller's processing activities that presents a heightened risk of harm to a
518	518	490consumer. For the purposes of this section, processing that presents a heightened risk of harm to
519	519	491a consumer includes: (1) The processing of personal data for the purposes of targeted
520	520	492advertising; (2) the sale of personal data; (3) the processing of personal data for the purposes of
521	521	493profiling, where such profiling presents a reasonably foreseeable risk of (A) unfair or deceptive
522	522	494treatment of, or unlawful disparate impact on, consumers, (B) financial, physical or reputational
523	523	495injury to consumers, (C) a physical or other intrusion upon the solitude or seclusion, or the 24 of 31
524	524	496private affairs or concerns, of consumers, where such intrusion would be offensive to a
525	525	497reasonable person, or (D) other substantial injury to consumers; and (4) the processing of
526	526	498sensitive data.
527	527	499 (b)Data protection assessments conducted pursuant to subsection (a) of this section
528	528	500shall identify and weigh the benefits that may flow, directly and indirectly, from the processing
529	529	501to the controller, the consumer, other stakeholders and the public against the potential risks to the
530	530	502rights of the consumer associated with such processing, as mitigated by safeguards that can be
531	531	503employed by the controller to reduce such risks. The controller shall factor into any such data
532	532	504protection assessment the use of de-identified data and the reasonable expectations of consumers,
533	533	505as well as the context of the processing and the relationship between the controller and the
534	534	506consumer whose personal data will be processed.
535	535	507 (c) Each controller that, as of the effective date of this act, offers any online service,
536	536	508product or feature to consumers whom such controller has actual knowledge, or willfully
537	537	509disregards, are minors shall conduct a data protection assessment for such online service, product
538	538	510or feature (1) in a manner that is consistent with this section; and (2) that addresses (A) the
539	539	511purpose of such online service, product or feature; (B) the categories of minors’ personal data
540	540	512that such online service, product or feature processes, (C) the purposes for which such controller
541	541	513processes minors’ personal data with respect to such online service, product or feature, and (D)
542	542	514any heightened risk of harm to minors that is a reasonably foreseeable result of offering such
543	543	515online service, product or feature to minors.
544	544	516 (d) Each controller that conducts a data protection assessment pursuant to subsection (c)
545	545	517of this section shall: (1) Review such data protection assessment as necessary to account for any 25 of 31
546	546	518material change to the processing operations of the online service, product or feature that is the
547	547	519subject of such data protection assessment; and (2) maintain documentation concerning such data
548	548	520protection assessment for the longer of (A) the three-year period beginning on the date on which
549	549	521such processing operations cease, or (B) as long as such controller offers such online service,
550	550	522product or feature.
551	551	523 (c)The Attorney General may require that a controller disclose any data protection
552	552	524assessment that is relevant to an investigation conducted by the Attorney General, and the
553	553	525controller shall make the data protection assessment available to the Attorney General. The
554	554	526Attorney General may evaluate the data protection assessment for compliance with the
555	555	527responsibilities set forth in this act. Data protection assessments shall be confidential and shall be
556	556	528exempt from disclosure under the Public Records Act, as set forth in chapter 66 of the General
557	557	529Laws. To the extent any information contained in a data protection assessment disclosed to the
558	558	530Attorney General includes information subject to attorney-client privilege or work product
559	559	531protection, such disclosure shall not constitute a waiver of such privilege or protection.
560	560	532 (d)A single data protection assessment may address a comparable set of processing
561	561	533operations that include similar activities.
562	562	534 (e)If a controller conducts a data protection assessment for the purpose of complying
563	563	535with another applicable law or regulation, the data protection assessment shall be deemed to
564	564	536satisfy the requirements established in this section if such data protection assessment is
565	565	537reasonably similar in scope and effect to the data protection assessment that would otherwise be
566	566	538conducted pursuant to this section. 26 of 31
567	567	539 (f)Data protection assessment requirements shall apply to processing activities
568	568	540created or generated after January 1, 2024, and are not retroactive.
569	569	541 Section 10. (a) Any controller in possession of de-identified data shall: (1) Take
570	570	542reasonable measures to ensure that the data cannot be associated with an individual; (2) publicly
571	571	543commit to maintaining and using de-identified data without attempting to reidentify the data; and
572	572	544(3) contractually obligate any recipients of the deidentified data to comply with all provisions of
573	573	545Section 1 of this act.
574	574	546 (b)Nothing in this act shall be construed to: (1) Require a controller or processor to
575	575	547re-identify de-identified data or pseudonymous data; or (2) maintain data in identifiable form, or
576	576	548collect, obtain, retain or access any data or technology, in order to be capable of associating an
577	577	549authenticated consumer request with personal data.
578	578	550 (c)Nothing in this act shall be construed to require a controller or processor to
579	579	551comply with an authenticated consumer rights request if the controller: (1) Is not reasonably
580	580	552capable of associating the request with the personal data or it would be unreasonably
581	581	553burdensome for the controller to associate the request with the personal data; (2) does not use the
582	582	554personal data to recognize or respond to the specific consumer who is the subject of the personal
583	583	555data, or associate the personal data with other personal data about the same specific consumer;
584	584	556and (3) does not sell the personal data to any third party or otherwise voluntarily disclose the
585	585	557personal data to any third party other than a processor, except as otherwise permitted in this
586	586	558section.
587	587	559 (d)The rights afforded under subdivisions (1) to (4), inclusive, of subsection (a) of
588	588	560section 4 of this act shall not apply to pseudonymous data in cases where the controller is able to 27 of 31
589	589	561demonstrate that any information necessary to identify the consumer is kept separately and is
590	590	562subject to effective technical and organizational controls that prevent the controller from
591	591	563accessing such information.
592	592	564 (e)A controller that discloses pseudonymous data or de-identified data shall exercise
593	593	565reasonable oversight to monitor compliance with any contractual commitments to which the
594	594	566pseudonymous data or de-identified data is subject and shall take appropriate steps to address
595	595	567any breaches of those contractual commitments.
596	596	568 Section 11. (a) Nothing in this act shall be construed to restrict a controller's or
597	597	569processor's ability to: (1) Comply with federal, state or municipal ordinances or regulations; (2)
598	598	570comply with a civil, criminal or regulatory inquiry, investigation, subpoena or summons by
599	599	571federal, state, municipal or other governmental authorities; (3) cooperate with law enforcement
600	600	572agencies concerning conduct or activity that the controller or processor reasonably and in good
601	601	573faith believes may violate federal, state or municipal ordinances or regulations; (4) investigate,
602	602	574establish, exercise, prepare for or defend legal claims; (5) provide a product or service
603	603	575specifically requested by a consumer; (6) perform under a contract to which a consumer is a
604	604	576party, including fulfilling the terms of a written warranty; (7) take steps at the request of a
605	605	577consumer prior to entering into a contract; (8) take immediate steps to protect an interest that is
606	606	578essential for the life or physical safety of the consumer or another individual, and where the
607	607	579processing cannot be manifestly based on another legal basis; (9) prevent, detect, protect against
608	608	580or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive
609	609	581activities or any illegal activity, preserve the integrity or security of systems or investigate, report
610	610	582or prosecute those responsible for any such action; (10) engage in public or peer-reviewed
611	611	583scientific or statistical research in the public interest that adheres to all other applicable ethics 28 of 31
612	612	584and privacy laws and is approved, monitored and governed by an institutional review board that
613	613	585determines, or similar independent oversight entities that determine, (A) whether the deletion of
614	614	586the information is likely to provide substantial benefits that do not exclusively accrue to the
615	615	587controller, (B) the expected benefits of the research outweigh the privacy risks, and (C) whether
616	616	588the controller has implemented reasonable safeguards to mitigate privacy risks associated with
617	617	589research, including any risks associated with re-identification; (11) assist another controller,
618	618	590processor or third party with any of the obligations under Section 1 of this act; or (12) process
619	619	591personal data for reasons of public interest in the area of public health, community health or
620	620	592population health, but solely to the extent that such processing is (A) subject to suitable and
621	621	593specific measures to safeguard the rights of the consumer whose personal data is being
622	622	594processed, and (B) under the responsibility of a professional subject to confidentiality obligations
623	623	595under federal, state or local law.
624	624	596 (b)The obligations imposed on controllers or processors under Section 1 of this act
625	625	597shall not restrict a controller's or processor's ability to collect, use or retain data for internal use
626	626	598to: (1) Conduct internal research to develop, improve or repair products, services or technology;
627	627	599(2) effectuate a product recall; (3) identify and repair technical errors that impair existing or
628	628	600intended functionality; or (4) perform internal operations that are reasonably aligned with the
629	629	601expectations of the consumer or reasonably anticipated based on the consumer's existing
630	630	602relationship with the controller, or are otherwise compatible with processing data in furtherance
631	631	603of the provision of a product or service specifically requested by a consumer or the performance
632	632	604of a contract to which the consumer is a party.
633	633	605 (c)The obligations imposed on controllers or processors under Section 1 of this act
634	634	606shall not apply where compliance by the controller or processor with said sections would violate 29 of 31
635	635	607an evidentiary privilege under the laws of this state. Nothing in this act shall be construed to
636	636	608prevent a controller or processor from providing personal data concerning a consumer to a
637	637	609person covered by an evidentiary privilege under the laws of the state as part of a privileged
638	638	610communication.
639	639	611 (d)A controller or processor that discloses personal data to a processor or third-party
640	640	612controller in accordance with of this act shall not be deemed to have violated said sections if the
641	641	613processor or third-party controller that receives and processes such personal data violates said
642	642	614sections, provided, at the time the disclosing controller or processor disclosed such personal data,
643	643	615the disclosing controller or processor did not have actual knowledge that the receiving processor
644	644	616or third-party controller would violate said sections. A third-party controller or processor
645	645	617receiving personal data from a controller or processor in compliance with of this act is likewise
646	646	618not in violation of said sections for the transgressions of the controller or processor from which
647	647	619such third-party controller or processor receives such personal data.
648	648	620 (e)Nothing in this act shall be construed to: (1) Impose any obligation on a controller
649	649	621or processor that adversely affects the rights or freedoms of any person, including, but not
650	650	622limited to, the rights of any person to freedom of speech or freedom of the press guaranteed in
651	651	623the First Amendment to the United States Constitution; or (2) apply to any person's processing of
652	652	624personal data in the course of such person's purely personal or household activities.
653	653	625 (f)Personal data processed by a controller pursuant to this section may be processed
654	654	626to the extent that such processing is: (1) Reasonably necessary and proportionate to the purposes
655	655	627listed in this section; and (2) adequate, relevant and limited to what is necessary in relation to the
656	656	628specific purposes listed in this section. Personal data collected, used or retained pursuant to 30 of 31
657	657	629subsection (b) of this section shall, where applicable, take into account the nature and purpose or
658	658	630purposes of such collection, use or retention. Such data shall be subject to reasonable
659	659	631administrative, technical and physical measures to protect the confidentiality, integrity and
660	660	632accessibility of the personal data and to reduce reasonably foreseeable risks of harm to
661	661	633consumers relating to such collection, use or retention of personal data.
662	662	634 (g)If a controller processes personal data pursuant to an exemption in this section,
663	663	635the controller bears the burden of demonstrating that such processing qualifies for the exemption
664	664	636and complies with the requirements in subsection (f) of this section.
665	665	637 (h)Processing personal data for the purposes expressly identified in this section shall
666	666	638not solely make a legal entity a controller with respect to such processing.
667	667	639 Section 12. (a) The Attorney General shall have exclusive authority to enforce violations
668	668	640this act.
669	669	641 (b)During the period beginning on July 1, 2026 and ending on December 31, 2027,
670	670	642the Attorney General shall, prior to initiating any action for a violation of any provision of this
671	671	643act, issue a notice of violation to the controller if the Attorney General determines that a cure is
672	672	644possible. If the controller fails to cure such violation within sixty days of receipt of the notice of
673	673	645violation, the Attorney General may bring an action pursuant to this section.
674	674	646 (c) Not later than February 1, 2027, the Attorney General shall submit a report, in
675	675	647accordance with to the joint standing committee of the General Assembly having cognizance of
676	676	648matters relating to the judiciary disclosing: (1) The number of notices of violation the Attorney
677	677	649General has issued; (2) the nature of each violation; (3) the number of violations that were cured 31 of 31
678	678	650during the sixty-day cure period; and (4) any other matter the Attorney General deems relevant
679	679	651for the purposes of such report.
680	680	652 (d) Beginning on January 1, 2028, the Attorney General may, in determining whether to
681	681	653grant a controller or processor the opportunity to cure an alleged violation described in
682	682	654subsection (b) of this section, consider: (1) The number of violations; (2) the size and complexity
683	683	655of the controller or processor; (3) the nature and extent of the controller's or processor's
684	684	656processing activities; (4) the substantial likelihood of injury to the public; (5) the safety of
685	685	657persons or property; and (6) whether such alleged violation was likely caused by human or
686	686	658technical error.
687	687	659 (d)Nothing in section 1 of this act shall be construed as providing the basis for, or be
688	688	660subject to, a private right of action for violations of said section or any other law.
689	689	661 (e)A violation of the requirements of this act shall constitute an unfair trade practice
690	690	662for purposes of Chapter 93A of the General Laws. Notwithstanding section 9 of said chapter
691	691	66393A, the provisions of this act shall be enforced solely by the Attorney General.
692	692	664 Section 13. This act shall be effective July 1, 2026