The bill introduces CHAPTER 61, "Privacy Protections for Location Information Derived from Electronic Devices," to Title 6 of the General Laws, establishing regulations for the collection, processing, and disclosure of individuals' location information by covered entities. Covered entities include various organizations but exclude state or local government agencies and individuals acting in a non-commercial context. The bill mandates that these entities obtain informed consent from individuals before collecting or processing their location data for permissible purposes, which include providing services, fulfilling financial transactions, complying with legal obligations, or responding to emergencies.
The bill requires covered entities to maintain a location privacy policy that outlines their practices regarding the collection, processing, and disclosure of location information. It also emphasizes transparency by requiring annual reporting to the director of the Department of Business Regulation regarding warrants and disclosures of location information. Individuals have the right to take civil action for violations of this chapter, with provisions for actual damages, punitive damages, and attorney fees. Any contract or agreement that waives or limits an individual's rights under this chapter is deemed void and unenforceable.
Additionally, the bill prohibits covered entities from retaining location information longer than necessary, selling or disclosing it without consent, and requires that consent for location information collected before the chapter's effective date be obtained within six months, with any information lacking consent to be permanently destroyed. The chapter does not apply to location information collected by healthcare providers for specific purposes, provided it complies with the Health Insurance Portability and Accountability Act (HIPAA) and other relevant laws. The Department of Business Regulation is tasked with promulgating rules and regulations for the implementation, administration, and enforcement of this chapter. The act will take effect upon passage.