Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S43 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2204 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 43
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark C. Montigny
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 to protect personal biometric data.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 6
16	16	SENATE DOCKET, NO. 2204 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 43
18	18	By Mr. Montigny, a petition (accompanied by bill, Senate, No. 43) of Mark C. Montigny for
19	19	legislation to protect personal biometric data. Advanced Information Technology, the Internet
20	20	and Cybersecurity.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 195 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to protect personal biometric data.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 The General Laws, as appearing in the 2022 Official Edition, are hereby amended by
32	32	2inserting after chapter 93L the following chapter:-
33	33	3 Chapter 93M. Biometric Information Privacy Act.
34	34	4 Section 1. Definitions.
35	35	5 As used in this chapter, the following words shall, unless the context clearly requires
36	36	6otherwise, have the following meanings:
37	37	7 "Biometric identifier" means a physiological or biological characteristic that is used by or
38	38	8on behalf of a private entity, singly or in combination, to identify, or assist in identifying, an
39	39	9individual, including, but not limited to a retina or iris scan, fingerprint, voiceprint, pattern of 2 of 6
40	40	10gait or movement, or scan of hand or face geometry. Biometric identifiers do not include writing
41	41	11samples, written signatures, photographs, human biological samples used for valid scientific
42	42	12testing or screening, demographic data, tattoo descriptions, or physical descriptions such as
43	43	13height, weight, hair color, or eye color. Biometric identifiers do not include donated organs or
44	44	14tissues or blood or serum stored on behalf of recipients or potential recipients of living or
45	45	15cadaveric transplants and obtained or stored by a federally designated organ procurement
46	46	16agency. Biometric identifiers do not include information captured from a patient in a health care
47	47	17setting or information collected, used, or stored for health care treatment, payment, or operations
48	48	18under the federal Health Insurance Portability and Accountability Act of 1996. Biometric
49	49	19identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan,
50	50	20mammography, or other image or film of the human anatomy used to diagnose, prognose, or
51	51	21treat an illness or other medical condition or to further validate scientific testing or screening.
52	52	22 "Biometric information" means any information, regardless of how it is captured,
53	53	23converted, stored, or shared, based on an individual's biometric identifier used to identify an
54	54	24individual. Biometric information does not include information derived from items or procedures
55	55	25excluded under the definition of biometric identifiers.
56	56	26 "Commercial Establishment" means a place of entertainment, a retail store, or a food and
57	57	27drink establishment.
58	58	28 "Confidential and sensitive information" means personal information that can be used to
59	59	29uniquely identify an individual or an individual's account or property. Examples of confidential
60	60	30and sensitive information include, but are not limited to, a genetic marker, genetic testing 3 of 6
61	61	31information, a unique identifier number to locate an account or property, an account number, a
62	62	32PIN number, a pass code, a driver's license number, or a social security number.
63	63	33 "Private entity" means any individual, partnership, corporation, limited liability company,
64	64	34association, or other group, however organized.
65	65	35 "Written consent " means informed written consent.
66	66	36 Section 2. Collection, Retention, Destruction, and Disclosure of Biometric Information.
67	67	37 (a) A private entity in possession of biometric identifiers or biometric information must
68	68	38develop a written policy, made available to the person from whom biometric information is to be
69	69	39collected or was collected, establishing a retention schedule and guidelines for permanently
70	70	40destroying biometric identifiers and biometric information when the initial purpose for collecting
71	71	41or obtaining such identifiers or information has been satisfied or within 1 year of the individual's
72	72	42last interaction with the private entity, whichever occurs first. Absent a valid order, warrant, or
73	73	43subpoena issued by a court of competent jurisdiction or a local or federal governmental agency, a
74	74	44private entity in possession of biometric identifiers or biometric information must comply with
75	75	45its established retention schedule and destruction guidelines.
76	76	46 (b) No private entity may collect, capture, purchase, receive through trade, or otherwise
77	77	47obtain a person's or a customer's biometric identifier or biometric information, unless it first:
78	78	48 (1) informs the subject or the subject's legally authorized representative in writing that a
79	79	49biometric identifier or biometric information is being collected or stored; 4 of 6
80	80	50 (2) informs the subject or the subject's legally authorized representative in writing of the
81	81	51specific purpose and length of term for which a biometric identifier or biometric information is
82	82	52being collected, stored, and used; and
83	83	53 (3) receives written consent executed by the subject of the biometric identifier or
84	84	54biometric information or the subject's legally authorized representative. Written consent may be
85	85	55obtained by electronic means.
86	86	56 (c) No private entity in possession of a biometric identifier or biometric information may
87	87	57sell, lease, trade, or otherwise profit from a person's or a customer's biometric identifier or
88	88	58biometric information.
89	89	59 (d) No private entity in possession of a biometric identifier or biometric information may
90	90	60disclose, redisclose, or otherwise disseminate a person's or a customer's biometric identifier or
91	91	61biometric information unless:
92	92	62 (1) the subject of the biometric identifier or biometric information or the subject's legally
93	93	63authorized representative provides written consent to the disclosure or redisclosure;
94	94	64 (2) the disclosure or redisclosure completes a financial transaction requested or
95	95	65authorized by the subject of the biometric identifier or the biometric information or the subject's
96	96	66legally authorized representative;
97	97	67 (3) the disclosure or redisclosure is required by state or federal law or municipal
98	98	68ordinance; or
99	99	69 (4) the disclosure is required pursuant to a valid warrant or subpoena issued by a court of
100	100	70competent jurisdiction. 5 of 6
101	101	71 (e) A private entity in possession of a biometric identifier or biometric information shall:
102	102	72 (1) store, transmit, and protect from disclosure all biometric identifiers and biometric
103	103	73information using the reasonable standard of care within the private entity's industry; and
104	104	74 (2) store, transmit, and protect from disclosure all biometric identifiers and biometric
105	105	75information in a manner that is the same as or more protective than the manner in which the
106	106	76private entity stores, transmits, and protects other confidential and sensitive information.
107	107	77 (f) No commercial establishment shall use a person's or a customer's biometric identifier
108	108	78or biometric information to identify them.
109	109	79 Section 3. Right of Action.
110	110	80 (a) Any person aggrieved by a violation of this chapter shall have a cause of action
111	111	81pursuant to the procedures set forth in chapter 93A. Damages pursuant to any said action shall
112	112	82be no less than $5,000 per violation or actual damages suffered, whichever is greater, or up to
113	113	83three but not less than two times such amount if the court finds that the violation was a willful or
114	114	84knowing act. Damages may also include attorneys’ fees and costs.
115	115	85 (b) The attorney general may bring an action in the name of the commonwealth pursuant
116	116	86to the procedures set forth in chapter 93A upon any violation or suspected violation of this
117	117	87chapter. Damages pursuant to any said action shall be no less than $5,000 per violation or actual
118	118	88damages suffered, whichever is greater, or up to three but not less than two times such amount if
119	119	89the court finds that the violation was a willful or knowing act.
120	120	90 Section 4. Construction. 6 of 6
121	121	91 (a) Nothing in this chapter shall be construed to impact the admission or discovery of
122	122	92biometric identifiers and biometric information in any action of any kind in any court, or before
123	123	93any tribunal, board, or agency.
124	124	94 (b) Nothing in this chapter shall be construed to conflict with the federal Health Insurance
125	125	95Portability and Accountability Act of 1996 and the rules promulgated under said Act.