Amendment #3 to H4844

Enhancing Consumer Protections Through Informed Consent

Representatives Rogers of Cambridge and Vargas of Haverhill move to amend the bill in SECTION 1, in lines 137 to 159, by striking out the paragraphs contained in those lines and inserting in place thereof the words:

“Section 4. The attorney general shall promulgate regulations for the administration of this chapter, including, but not limited to:

(i) determining minimum requirements for inclusion in a location privacy policy, including, but not limited to: (A) reproductive or gender-affirming care location information that is collected, processed or disclosed; (B) specific reproductive or gender-affirming care location information that is disclosed or shared with a third party; (C) a list of the third parties that the reproductive or gender-affirming care location information is disclosed to; (D) any updates to the location privacy policy and notice to the individual; (E) if there are multiple permissible purposes, a disclosure of each such purpose; (F) a clear description of how an individual may revoke or withdraw their consent; (G) a description of data security practices related to reproductive or gender-affirming care location information; and (H) the identity and the contact information of the covered entity or service provider to which the location privacy policy applies, including the covered entity’s or service provider’s points of contact and generic electronic mail addresses, as applicable for privacy and data security inquiries;

(ii) minimum standards relating to where a location privacy policy shall be posted or otherwise accessible, what languages it shall be provided in, how it shall be provided in a way that is easily readable and accessible for individuals with disabilities;

(iii) circumstances under which a covered entity must provide a short-form location privacy policy that is 500 words or shorter and highlights the most material information from the covered entity’s full location privacy policy;

(iv) any limitations or restrictions on the use of targeted advertisements by a covered entity or service provider;

(v) requirements for consent by individuals to the collection or processing of their reproductive or gender-affirming care location information, including, but not limited, to the duration of consent, any situations where consent shall be obtained again if a covered entity or service provider amends its location privacy policy and how consent may be revoked or withdrawn;

(vi) circumstances when reproductive or gender-affirming care location information shall be permanently destroyed;

(vii) prohibitions on adverse actions by a covered entity or service provider against an individual because the individual exercised or refused to waive any rights under this chapter;

(viii) notice requirement for any disclosure of reproductive or gender-affirming care location information pursuant to subsection (c) of section 2; and

(ix) any other regulations necessary for the implementation of this chapter.”

Additional co-sponsor(s) added to Amendment #3 to H4844

Enhancing Consumer Protections Through Informed Consent