Amendment ID: S3164-18

Amendment 18

relative to the protection of sensitive personal information

Mr. Fernandes moves that the proposed new draft be amended in section 1, at the end thereof, by inserting the following section:-

"Section 9. A data breach involving personal information used to determine a user’s age shall be subject to chapter 93H."; and

by inserting at the end thereof the following section:-

"SECTION X. Section 1 of Chapter 93H of the Massachusetts General Laws, as appearing in the 2024 Official Edition, is hereby amended, by striking the definition of "personal information" in its entirety, and inserting in place thereof the following definition:-

" ''Personal information'' a resident's first name and last name or first initial and last name in combination with any 1 or more of the following data elements that relate to such resident:

(a) Social Security number;

(b) driver's license number or state-issued identification card number;

(c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to a resident's financial account; provided, however, that ''Personal information'' shall not include information that is lawfully obtained from publicly available information, or from federal, state or local government records lawfully made available to the general public; or

(d) a biometric identifier, including a retina or iris scan, voiceprint, scan of facial features or hand features, or any unique biological characteristic, or digital representation thereof, that is used to determine the identity or age of a specific individual."