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December 16, 2025 Clouds | 30°F
The 194th General Court of the Commonwealth of Massachusetts

Bill S.197 194th (Current)

An Act to protect safety and privacy by stopping the sale of location data

By Ms. Creem, a petition (accompanied by bill, Senate, No. 197) of Cynthia Stone Creem, Rebecca L. Rausch, Michael O. Moore, Joanne M. Comerford and other members of the General Court for legislation to protect reproductive health access, LGBTQ lives, religious liberty, and freedom of movement by banning the sale of cell phone location information. Consumer Protection and Professional Licensure.

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Bill Information

Presenter:
Cynthia Stone Creem
Status:
Referred to Senate Committee on Ways and Means
Special Attachments:
Committee - Senate member votes

Location Data

• Prohibits a business from collecting or processing the location data of an individual present in Massachusetts except for certain enumerated permissible purposes, and for compliance with federal or state law and emergency circumstances. • Requires a business provide a copy of their location privacy policy to an individual, and obtain the individual’s consent, prior to collecting or processing the individual’s location data for a permissible purpose. • Defines the permissible purposes for the collection and processing of the location data of an individual present in Massachusetts to include: o Providing an individual with a requested product or service o The completion of routine administrative or operational activities o Compliance with federal or state law and for emergency circumstances • Covers location data derived from a device, which is defined a mobile phone or other device that is commonly carried on or with an individual. • For businesses that deliver targeted advertisements, they must provide individuals with an opt out for the processing of their location information for purposes of selecting and delivering targeted advertisements. • Requires that when the permissible purpose is complete, an individual revokes consent, or after one year, whichever occurs first, the location data must be permanently destroyed, unless consent is renewed. • Limits collection of location data to what is necessary to carry out the permissible purpose and prohibits retaining location data longer than necessary to complete the permissible purpose. • Prohibits the sale of location data to third parties. • Limits disclosures to third parties to only what is necessary to what is necessary to carry out the permissible purpose or if requested by the data subject. • Prohibits disclosure of location data to a federal, state, or local government agency unless the agency serves the business with a valid warrant or establishes the existence of exigent circumstances that make it impracticable to obtain a warrant. • Requires business create a location data privacy policy that describe the business’s practices and policies related to location data. • Prohibits a government entity from monetizing location information. • Bans retaliation against an individual for exercising their rights under this legislation or refusing to waive said rights. • Authorizes the Attorney General to enforce the provisions of this legislation as a violation of the consumer protection law, Chapter 93A. • Permits individuals to enforce the provisions of the legislation. • Violation of the provisions of this legislation may result in an award of actual damages, including emotional damages, or $5,000 per violation, whichever is greater and punitive damages, and any other relief, including but not limited to an injunction or declaratory judgment, that the court deems to be appropriate. • Empowers the Attorney General to adopt regulations for the implementation, administration, and enforcement of the legislation.
* The bill summary was created by the Primary Sponsor of the bill; no committee of the General Court certifies the accuracy of its contents.

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