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April 14, 2026 Clouds | 71°F
The 194th General Court of the Commonwealth of Massachusetts

Bill S.36 194th (Current)

An Act to provide accountability in the use of biometric recognition technology and comprehensive enforcement

By Mr. Fernandes, a petition (accompanied by bill, Senate, No. 36) of Dylan A. Fernandes for legislation to protect residents from abusive use of their biometric information. Advanced Information Technology, the Internet and Cybersecurity.

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Bill Information

Presenter:
Dylan A. Fernandes

Information Technology, Internet, Cybersecurity

The proposed legislation (1) applies to any person or business that collects, stores, or processes biometric data, but does not apply to federal, state and local government entities; (2) defines biometric data as information that pertains to measurable biological or behavioral characteristics of an individual (e.g. fingerprints, retina and iris patterns, voiceprints, D.N.A. sequences, facial characteristics and face geometry, gait, handwriting, keystroke dynamics, and mouse movements); (3) prohibits a covered entity from taking any actions with respect to processing biometric data or designing biometric recognition technologies that conflict with the best interests of the individual who provided the biometric data to the covered entity; (4) requires a covered entity obtain the consent of the individual who provided biometric data before processing or transferring said data; (5) prohibits the sale of biometric data to any third party; (6) requires that a covered entity take reasonable steps to ensure that the practices of any person to whom the online service provider discloses biometric data fulfill the same duties of care, loyalty, and confidentiality and requires auditing, on a regular basis, the data security and data practices of any such person; (7) prohibits discrimination against a consumer because they withheld consent, including discrimination against a consumer by denying goods or services, charging different prices or rates, providing a different level or quality of goods or services, suggesting that the end user will receive a different price or rate for goods or services or a different level or quality of goods or services; (8) prohibits a covered entity from engaging in any deceptive, unfair, or abuse data practice; (9) prevents covered entities from using biometric data to help make decisions that produce legal effects or similarly significant effects concerning end users, which include financial or lending services, housing, insurance, educational enrollment, criminal justice, employment opportunities, health care services, and access to basic necessities, such as food and water; (10) prohibits a covered entity from operating, installing, or commissioning the operation or installation of equipment incorporating biometric recognition technology in any place which is open to and accepts or solicits the patronage of the general public: and, (11) grants the Attorney General regulatory and enforcement authority.
* 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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