Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S195

Introduced
2/16/23  
Refer
2/16/23  
Refer
4/6/23  

Caption

To protect personal biometric data

Impact

If passed, S195 would alter how businesses interact with biometric data by requiring them to develop and maintain written policies for data retention and destruction. The bill mandates that private entities must obtain informed written consent from individuals before collecting their biometric information. This creates a legal framework that empowers individuals to have control over their own biometric data, demanding transparency from companies about how this data is used and stored.

Summary

S195, titled 'An Act to protect personal biometric data,' is a legislative proposal aimed at safeguarding individuals' biometric information in Massachusetts. The bill introduces a new chapter, Chapter 93M, to the existing laws, establishing guidelines for the collection, retention, destruction, and disclosure of biometric identifiers and biometric information by private entities. The intent is to protect sensitive personal data, which includes unique biological characteristics like fingerprints, voiceprints, and facial scans, ensuring that such information cannot be misused or improperly disclosed.

Conclusion

Overall, S195 represents a significant step towards enhancing personal data privacy in Massachusetts, particularly as biometric technology becomes more prevalent. The legislation aims to establish clear boundaries for the use of sensitive biometric data, fostering a culture of accountability among private entities while providing individuals with newfound protections regarding their personal information.

Contention

A notable point of contention surrounding S195 relates to concerns from various stakeholders about the balance between data protection and practicality for businesses that utilize biometric systems. Supporters argue that the bill strengthens privacy rights in a rapidly evolving digital landscape where biometric data is increasingly common. However, critics fear that the stringent regulations might impose excessive burdens on companies, particularly small businesses, that rely on such technologies for operations. Some express concerns about how these regulations could impact commercial activities that depend on using biometric identifiers, like security and identification protocols in public spaces.

Companion Bills

MA H4632

Similar To Establishing the Massachusetts Data Privacy Act

MA H4707

Similar To Relative to the Affordable Homes Act

Previously Filed As

MA S43

To protect personal biometric data

MA S187

Relative to protecting biometric information under the security breach law

MA HB971

College student-athletes; biometric data, protections and limitations.

MA HB7124

Realigning Mobile Phone Biometrics for American Privacy Protection Act

MA HB654

Consumer Data Protection Act; definition of "biometric data"; consent required for processing.

MA HB654

A BILL to amend the Code of Virginia by adding a section numbered 59.1-577.2, relating to Consumer Data Protection Act; definition of "biometric data"; consent required for processing biometric data.

MA S1191

Protecting survivors of domestic abuse

MA HB8371

Reform Immigration Through Biometrics Act

MA S1185

Protecting victims of rape and their children

MA S36

To provide accountability in the use of biometric recognition technology and comprehensive enforcement

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US SB1198

Northern Rockies Ecosystem Protection Act

NJ S2602

"New Jersey Disclosure and Accountability Transparency Act (NJ DaTA)"; establishes certain requirements for disclosure and processing of personally identifiable information; establishes Office of Data Protection and Responsible Use in Division of Consumer Affairs.

NJ A1360

"New Jersey Disclosure and Accountability Transparency Act (NJ DaTA)"; establishes certain requirements for disclosure and processing of personally identifiable information; establishes Office of Data Protection and Responsible Use in Division of Consumer Affairs.