Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S45

Introduced
2/27/25  

Caption

Establishing the Massachusetts Data Privacy Act

Impact

If passed, the Massachusetts Data Privacy Act would impact existing state laws by establishing a comprehensive framework for data protection that would explicitly limit how covered entities can collect, process, and transfer personal data. It emphasizes transparency, mandating that privacy policies must be accessible to consumers, and creates robust penalties for non-compliance. This Act seeks to create a significant shift towards a more consumer-centric approach to data handling, addressing modern issues such as data breaches and unauthorized data use that have become prevalent in today's technology-driven world.

Summary

Bill S45, known as the Massachusetts Data Privacy Act, is designed to enhance protections for personal data handled by various entities, referred to as 'covered entities'. The Act establishes clear guidelines regarding the collection, use, and sharing of personal data, including biometric and location information. It introduces mechanisms for individuals to assert their rights over their data, such as the right to opt out of data transfers and targeted advertising. The legislation aims to ensure that consumers are informed about their data usage and have the power to control their information, which is particularly critical given the escalating concerns over data privacy in the digital age.

Contention

The proposed legislation has sparked discussions regarding the balance between consumer privacy rights and the operational realities of businesses, especially tech companies. Critics argue that the stringent requirements could impose undue burdens on businesses, particularly small enterprises that may lack the resources for compliance. Proponents, on the other hand, advocate for stronger protections as essential for consumer trust and safety in a landscape where personal data is frequently exploited. The measure reflects ongoing debates surrounding data privacy and the need for legislative bodies to catch up with technological advancements and consumer expectations.

Companion Bills

MA S2516

Replaced by Establishing the Massachusetts data privacy act

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