On September 18, 2025, the Senate Ways and Means Committee in Massachusetts approved a significant revision of the Massachusetts Data Privacy Act (S. 2608), setting the stage for a broader debate and vote scheduled for September 25. This legislation aims to impose strict regulations on how companies collect and handle personal data, particularly focusing on protecting sensitive information and minors.
Key Provisions of the Data Privacy Act
The proposed law introduces several critical measures designed to enhance consumer privacy:
- Data Collection Limitations: Companies will only be allowed to collect personal data that is deemed “reasonably necessary” for providing their products and services.
- Restrictions on Sensitive Data: The collection of sensitive personal data, such as biometrics, geolocation, and health information, will be prohibited unless it is strictly necessary.
- Protection for Minors: The legislation explicitly bans the sale of minors’ personal data and prohibits targeted advertising directed at children.
Consumer Rights and Business Obligations
Under the new bill, consumers will gain enhanced rights regarding their personal data:
- Individuals will have the right to correct inaccurate data and delete their personal information.
- Consumers can opt out of having their data sold to third parties and can also refuse targeted advertising.
Senate President Karen Spilka emphasized the importance of this legislation, stating, “This legislation is going to end the Wild West of data collection in Massachusetts.” She highlighted the need for residents to have control over their personal information and the necessity of protecting children from invasive advertising practices.
Enforcement and Industry Response
While the bill initially included a provision for a private right of action for consumers, this has been removed. Instead, the enforcement will be managed by the Attorney General, who will have the authority to regulate and monitor compliance. Senate Majority Leader Cindy Creem noted that the Attorney General would establish a portal for consumers to register complaints.
Despite the bipartisan support for the bill, there is an expectation of pushback from the tech industry. Creem acknowledged that companies may resist the new controls, particularly as they will have to adjust to collecting less data, which could impact their revenue streams.
Conclusion
The Massachusetts Data Privacy Act represents a significant step towards stronger consumer protections in the digital age. As the Senate prepares for the upcoming vote, the implications of this legislation could set a precedent for data privacy laws across the United States.
Attorney Blair E. Weigand — Helping those with legal questions for 35 years and counting.