In one paragraph
Massachusetts H 63 (2023-2024) would have added a new chapter 93M to the General Laws restricting how private entities collect and process biometric information, including face geometry, with consent, a written privacy policy and a ban on monetizing the data. It did not pass: on May 13, 2024 the committee folded it into new draft H4632 (the Massachusetts Data Privacy Act), which was sent to House Ways and Means and recorded 'No further action taken' on December 31, 2024, when the session ended.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill did not pass. Had it become law, most private businesses collecting biometric data from people in Massachusetts would have needed notice, a policy and consent, and could have been sued.
Key provisions
- Would bar a covered entity or data processor from collecting biometric information for identification (1-to-n matching) without written notice, its Biometric Privacy Policy and handwritten consent
- Would require notice, the policy and consent (handwritten or electronic) for verification (1-to-1 matching); consent expires after three years or when the purpose is met, and the data must then be destroyed
- Would make it unlawful to monetize an individual's biometric information
- Would require annual reports to the attorney general on warrants and legally required disclosures
- Would let individuals alleging harm sue for liquidated damages of the greater of $1,000 or 0.1% of annual global revenue per violation (negligent) or $5,000 or 0.5% (intentional or reckless), plus punitive damages and fees; the attorney general could sue under chapter 93A
- Dead: replaced by H4632 on May 13, 2024; no further action taken December 31, 2024. Would have taken effect one year after enactment
Latest legislative action
May 13, 2024. Accompanied a new draft, see H4632
Sponsors
| Name | Role | District |
|---|---|---|
| Bud Williams D | Sponsor | HD-11-HAM |
| Dylan Fernandes D | Sponsor | HD-BARNST |
| Mindy Domb D | Sponsor | HD-03-HAM |
| Tommy Vitolo D | Sponsor | HD-15-NOR |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error