Budget Amendment ID: FY2019-S4-32-R1

Redraft OTH 32

Identification retention

Messrs. Tarr and Fattman moved that the proposed new text be amended "Section __. The General Laws, as appearing in the 2016 Official Edition, are hereby amended by inserting after clause (c) of Section 2, of chapter 93H, the following new clause:- (d) No private establishment, business, or organization licensed to operate, owned, operating in the Commonwealth of Massachusetts shall have the authority to retain the original or copy, or scan or any form of identification that is issued by the commonwealth of Massachusetts, the United States of America, or any other governmental entity, unless explicit written or verbal consent is given by the individual or legal representative of the individual furnishing said identification unless said private establishment, business, or organization licensed to operate, owned, operating in the Commonwealth of Massachusetts is subject to applicable federal law, rule, regulation, guidance or guidelines regarding the protection and privacy of personal information; provided further that if said person or agency does not comply with applicable federal laws, rules, regulations, guidance or guidelines, then it shall be subject to the provisions of this chapter.