In one paragraph
Massachusetts' S 301 would add a new chapter 93M to the General Laws, the Massachusetts Information Privacy and Security Act, a comprehensive data privacy law with defined terms such as consent (which excludes dark patterns), controller, data broker and biometric information. In the captured text, a large data holder's risk assessment would also have to say whether processing relies on an algorithmic process, such as machine learning or AI, and describe its design, input data and outputs. The bill accompanied a study order on December 18, 2025 and did not advance.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill did not pass and is not law. Had it passed, it would have set comprehensive privacy rules for entities processing personal information, including algorithmic risk-assessment duties for large data holders.
Key provisions
- Would insert chapter 93M, the "Massachusetts Information Privacy and Security Act", after chapter 93L
- Would define consent as a clear affirmative act for a narrowly defined purpose, excluding acceptance of general terms of use and agreement obtained through dark patterns
- Would define a data broker by thresholds such as personal information of at least 25,000 individuals with at least 25% of revenue from its sale, or biometric, genetic or geolocation information of at least 10,000 individuals
- Would require a large data holder's risk assessment to specify whether processing relies on an algorithmic process that uses machine learning, natural language processing or AI techniques, makes or facilitates decisions about personal information, or poses a reasonably foreseeable risk of substantial cognizable harm
- Would require that assessment to describe the process's design and methods, the categories of data used as input or to train the model, and the outputs
- Not enacted: referred to Economic Development and Emerging Technologies, hearing scheduled November 13, 2025, then accompanied a study order December 18, 2025; the captured text is partial
Latest legislative action
Dec 18, 2025. Accompanied a study order (under JR10), see S2885
Sponsors (showing 5 of 65)
| Name | Role |
|---|---|
| Barry R. Finegold D | Primary |
| Cynthia Stone Creem D | Primary |
| Eric P. Lesser | Primary |
| Jason M. Lewis D | Primary |
| Kathleen O'Connor Ives | Primary |
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