SECTION 1. Chapter 93 of the General Laws, as appearing in the 2018 Official Edition is hereby amended by inserting after section 114 the following new section:-
“Section 115. Notwithstanding any other general or special law to the contrary, no telecommunications or internet service provider that has entered into a franchise agreement, right-of-way- agreement, or other contract with the commonwealth of Massachusetts or a political subdivision, or that uses facilities that are subject to such agreements, even if it is not a party to the agreement, or otherwise operates in the commonwealth of Massachusetts may collect, use, disclose or otherwise disseminate, personal information from a customer resulting from the customer’s use of the telecommunications or internet service provider without express written approval from the customer. No such telecommunication or internet service provider shall add an additional surcharge for customers that do not provide their express written approval, and said providers shall not refuse to provide services to a customer on the grounds that the customer has not approved collection, use, disclosure or other forms of dissemination of the customer’s personal information.
A telecommunication or internet service provider shall prohibit the sale of a customer’s personally identifiable information unless the customer expressly, in writing, authorizes the provider to disclose this information, which the customer may revoke, in writing, at any time.”
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