Text of MA H 5479 (2026)

1 of 40 HOUSE . . . . . . . . . . . . . . . No. 5479 Text of House amendments to the Senate Bill establishing the Massachusetts data privacy act (being the text of House document numbered 5472, published as amended). June 4, 2026. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ By striking out all after the enacting clause and inserting in place thereof the following:– 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 93L the 2 following chapter:- 3 Chapter 93M 4 Consumer Data Privacy 5 Section 1. As used in this chapter, the following words shall, unless the context clearly 6 requires otherwise, have the following meanings: 7 “Affiliate”, a legal entity that shares common branding with another legal entity or that 8 controls, is controlled by or is under common control with another legal entity. For the purposes 9 of this definition, “control” and “controlled” shall mean: 10 (i) ownership of, or the power to vote, more than 50 per cent of the outstanding shares of 11 any class of voting security of a company; 12 (ii) control in any manner over the election of a majority of the directors or of individuals 13 exercising similar functions; or 2 of 40 14 (iii) the power to exercise controlling influence over the management of a company. 15 “Affirmative consent”, a clear affirmative act signifying a consumer’s freely given, 16 specific, informed and unambiguous agreement, including authorization for an act or practice; 17 provided, that “affirmative consent” may include a written statement, including by electronic 18 means, or any other unambiguous affirmative action; and provided further, that “affirmative 19 consent” shall not include: (i) acceptance of general or broad terms of use or a similar document 20 that contains descriptions of personal data processing along with other, unrelated information; 21 (ii) hovering over, muting, pausing or closing a given piece of content; (iii) agreement obtained 22 through the use of a false, fraudulent or materially misleading statement or representation; or (iv) 23 agreement obtained through the use of dark patterns. 24 “Authenticate”, to use reasonable means to determine that a request to exercise any of the 25 rights afforded under this chapter is being made by, or on behalf of, the consumer who is entitled 26 to exercise such consumer rights with respect to the personal data at issue. 27 “Biometric data”, data generated by automatic measurements of an individual’s 28 biological characteristics, including: (i) a fingerprint; (ii) a voiceprint; (iii) eye retinas; (iv) irises; 29 (v) gait; or (vi) other unique biological patterns or characteristics that can be used to identify a 30 specific individual; provided, however, that “biometric data” shall not include: (A) a digital or 31 physical photograph; (B) an audio or video recording; or (C) any data generated from a digital or 32 physical photograph or an audio or video recording, unless such data is generated to identify a 33 specific individual. 34 “Business associate”, as defined in the Health Insurance Portability and Accountability 35 Act of 1996, 42 U.S.C. 1320d et seq. 3 of 40 36 “Child”, as defined in the Children’s Online Privacy Protection Act of 1998, 15 U.S.C. 37 6501 et seq. 38 “Collect”, buying, renting, gathering, obtaining, receiving, accessing or otherwise 39 acquiring personal data by any means. 40 “Consumer”, an individual who is a resident of the commonwealth; provided, however, 41 that “consumer” shall not include an individual acting in a commercial or employment context or 42 as an employee, owner, director, officer or contractor of a company, corporation, partnership, 43 sole proprietorship, nonprofit organization or government agency whose communications or 44 transactions with the controller occur solely within the context of that individual’s role with the 45 company, corporation, partnership, sole proprietorship, nonprofit organization or government 46 agency. 47 “Consumer health and wellness data”, personal data that is collected in real time or 48 retroactively by a health and wellness device or application, which is designed to allow a 49 consumer to track or monitor information regarding the consumer’s health and wellness, 50 including, but not limited to: (i) fitness; (ii) nutrition; (iii) diet; (iv) physical activity; (v) sleep; 51 (vi) mental state; (vii) stress; or (viii) behavior. “Consumer health and wellness data” shall not 52 include biometric data, neural data, genetic data or personal data that reveals a mental or physical 53 health condition, diagnosis, disability or treatment. 54 “Controller”, a person who, alone or jointly with others, determines the purpose and 55 means of collecting or processing personal data. 4 of 40 56 “COPPA”, the Children’s Online Privacy Protection Act of 1998, 15 U.S.C. 6501 et seq., 57 and the regulations, rules, guidance and exemptions adopted thereunder, as said act and 58 regulations, rules, guidance and exemptions may be amended from time to time. 59 “Covered entity”, as defined in the Health Insurance Portability and Accountability Act 60 of 1996, 42 U.S.C. 1320d et seq. 61 “Dark pattern”, a user interface designed or manipulated with the substantial effect of 62 subverting or impairing user autonomy, decision-making or choice; provided, that “dark pattern” 63 shall include, but shall not be limited to, any practice the Federal Trade Commission refers to as 64 a “dark pattern”. 65 “Decisions that produce legal or similarly significant effects concerning the consumer”, 66 any decision made by the controller, or on behalf of the controller, that result in the provision of, 67 or denial by, the controller of any: (i) financial or lending services; (ii) housing; (iii) insurance; 68 (iv) education enrollment or opportunity; (v) criminal justice; (vi) employment opportunities; 69 (vii) health care services; or (viii) access to essential goods or services. 70 “De-identified data”, data that does not identify and cannot reasonably be used to infer 71 information about, or otherwise be linked to, an identified or identifiable individual, or a device 72 linked to such individual, if the controller that possesses such data: 73 (i) takes reasonable physical, administrative and technical measures to ensure that such 74 data cannot be associated with an individual or be used to re-identify any individual or device 75 that identifies or is linked or reasonably linkable to an individual; 5 of 40 76 (ii) publicly commits to process such data only in a de-identified fashion and not attempt 77 to re-identify such data; and 78 (iii) contractually obligates any recipients of such data to satisfy the criteria set forth in 79 clauses (i) and (ii). 80 “Gender-affirming health care services”, as defined in section 11I½ of chapter 12. 81 “Gender-affirming health care data”, any personal data concerning an effort made by an 82 individual to seek, or an individual’s receipt of, gender-affirming health care services. 83 “Genetic data”, any data, regardless of its format, that concerns an individual’s genetic 84 characteristics, including, but not limited to: (i) raw sequence data that results from the 85 sequencing of the complete, or a portion of the, extracted deoxyribonucleic acid of an individual; 86 and (ii) any genotypic and phenotypic information that results from analyzing such raw sequence 87 data. 88 “HIPAA”, the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 89 1320d et seq.; and subtitle D of Title XIII of Division A of the American Recovery and 90 Reinvestment Act of 2009, and the regulations promulgated thereunder by the United States 91 Department of Health and Human Services. 92 “Identified or identifiable individual”, an individual who can be readily identified, 93 directly or indirectly. 94 “Large data holder”, a controller or processor that in the most recent calendar year 95 collected, processed or sold the: (i) personal data of more than 2,000,000 consumers; provided, 96 however, that said personal data shall not include personal data collected and processed solely 6 of 40 97 for the purpose of initiating, rendering, billing for, finalizing, completing or otherwise collecting 98 payment for a requested product or service; or (ii) sensitive data of more than 200,000 99 consumers. 100 “Legally-protected health care activity”, as defined in section 11I½ of chapter 12. 101 “Legally-protected health care data”, any personal data concerning any effort made by a 102 consumer to seek, or a consumer’s receipt of, legally-protected health care activity. 103 “Minor”, any individual who is younger than 18 years of age. 104 “Neural data”, any information that is generated by measuring the activity of an 105 individual’s central or peripheral nervous system. 106 “Person”, an individual, association, company, limited liability company, corporation, 107 partnership, sole proprietorship, trust or other legal entity. 108 “Personal data”, any information, including derived data, that is linked or reasonably 109 linkable, alone or in combination with other information, to an identified or identifiable 110 individual; provided, however, that “personal data” shall not include de-identified data or 111 publicly available information. 112 “Precise geolocation data”, information derived from technology, including, but not 113 limited to, latitude and longitude coordinates from global positioning system mechanisms or 114 other similar positional data, that reveals the specific location of an individual or device that 115 identifies or is linked or reasonably linkable to 1 or more individuals with precision and accuracy 116 within a radius of 1,750 feet. “Precise geolocation data” shall not include the content of 117 communications, a photograph or video, metadata associated with a photograph or video that 7 of 40 118 cannot be linked to an individual or any data generated by or connected to advanced utility 119 metering infrastructure systems or equipment for use by a utility. 120 “Process”, any operation or set of operations performed, whether by manual or automated 121 means, on personal data or on sets of personal data, including, but not limited to, the: (i) use; (ii) 122 storage; (iii) disclosure; (iv) analysis; and (v) deletion or modification of personal data. 123 “Processor”, a person who collects or processes personal data on behalf of, or at the 124 direction of: (i) a controller; (ii) another processor; or (iii) a federal, state, tribal or local 125 government entity. 126 “Profiling”, any form of processing performed on personal data to evaluate, analyze or 127 predict personal aspects, including, but not limited to, an individual’s: (i) economic situation; (ii) 128 health; (iii) personal preferences; (iv) interests; (v) reliability; (vi) behavior; (vii) location; or 129 (viii) movements. 130 “Protected health information”, as defined in the Health Insurance Portability and 131 Accountability Act of 1996, 42 U.S.C. 1320d et seq. 132 “Publicly available information”, information that is lawfully made available to the 133 general public from: (i) federal, state or municipal government records; (ii) widely distributed 134 media; or (iii) a disclosure to the general public as required by federal, state or local law; 135 provided, that a controller shall have a reasonable basis to believe that: (A) a consumer has 136 lawfully made the information available to the general public; or (B) the information has been 137 lawfully made available to the general public from widely distributed media. “Publicly available 138 information” shall not include: (i) any obscene visual depiction, as defined in 18 U.S.C. 1460; 139 (ii) any inference made exclusively from multiple independent sources of publicly available 8 of 40 140 information that reveals sensitive data with respect to a consumer; (iii) biometric data; (iv) 141 genetic or neural data, unless otherwise made publicly available by the individual to whom the 142 information pertains; (v) information made available by a consumer on a website or online 143 service made available to all members of the public, for free or for a fee, where the consumer has 144 restricted the information to a specific audience; or (vi) intimate images, authentic or computer- 145 generated, known to be nonconsensual, including, but not limited to, images distributed in 146 violation of section 43A of chapter 265. 147 “Reproductive or sexual health care”, any health care-related services or products 148 rendered or provided concerning a consumer’s reproductive system or sexual well-being, 149 including, but not limited to, reproductive health care services as defined in section 11I½ of 150 chapter 12 or any such service or product rendered or provided concerning: 151 (i) an individual’s health condition, status, disease, diagnosis, diagnostic test or treatment; 152 (ii) a social, psychological, behavioral or medical intervention; 153 (iii) a surgery or procedure, including, but not limited to, an abortion; 154 (iv) a use or purchase of a medication, including, but not limited to, a medication used or 155 purchased for the purposes of an abortion; 156 (v) a bodily function, vital sign or symptom; 157 (vi) a measurement of a bodily function, vital sign or symptom; or 158 (vii) an abortion, including, but not limited to, medical or nonmedical services, products, 159 diagnostics, counseling or follow-up services for an abortion. 9 of 40 160 “Reproductive or sexual health data”, any personal data concerning an effort made by a 161 consumer to seek, or a consumer’s receipt of, reproductive or sexual health care. 162 “Sale of personal data”, the exchange, disclosure, release, dissemination, license or rental 163 of personal data, or other means of making personal data available, for monetary or other 164 valuable consideration by the controller to a third party. “Sale of personal data” shall not include: 165 (i) the disclosure of personal data to a processor that processes the personal data on 166 behalf of the controller; 167 (ii) the disclosure of personal data to a third party for purposes of providing a product or 168 service requested by the consumer; 169 (iii) the disclosure or sale of personal data to an affiliate of the controller; 170 (iv) with the consumer’s affirmative consent, the disclosure of personal data where the 171 consumer affirmatively directs the controller to disclose the personal data or intentionally uses 172 the controller to interact with a third party; 173 (v) the disclosure or sale of personal data to a third party as an asset that is part of a 174 merger, acquisition, bankruptcy or other transaction or a proposed merger, acquisition, 175 bankruptcy or other transaction, in which the third party assumes control of all or part of the 176 controller’s assets; or 177 (vi) the disclosure or sale of personal data to a third party as part of a merger, acquisition, 178 bankruptcy or similar transaction where the third party assumes control, in whole or in part, of 179 the controller’s assets; provided, that the controller shall, in a reasonable time prior to the 180 disclosure or transfer, provide an affected consumer with: (i) notice describing the transfer, 10 of 40 181 including, but not limited to: (A) the name of the entity receiving the consumer’s personal data; 182 and (B) the applicable privacy policies of such entity; and (ii) a reasonable opportunity to 183 withdraw affirmative consent related to the consumer’s personal data or otherwise exercise the 184 rights guaranteed by this chapter; provided, that said reasonable opportunity shall be not less 185 than 60 days if the sale is related to genetic data, neural data or biometric data; provided further, 186 that nothing shall be construed to change the requirements of paragraph (3) of section 6. 187 “Sensitive data”, personal data that includes: 188 (i) data revealing a consumer’s: (A) racial or ethnic origin, color, national origin or 189 citizenship or immigration status; (B) religious beliefs; (C) mental or physical health condition, 190 diagnosis, disability or treatment, including, but not limited to, gender-affirming health data, 191 reproductive or sexual health data or legally-protected health care data; (D) sex life, sexual 192 orientation, status as transgender or non-binary; (E) union membership; (F) status as a victim of a 193 crime; or (G) status as a military servicemember or veteran; 194 (ii) consumer health and wellness data; 195 (iii) genetic data 196 (iv) neural data; 197 (v) biometric data; 198 (vi) personal data of a consumer that a controller knows, or willfully disregards, is a 199 minor; 200 (vii) precise geolocation data; 11 of 40 201 (viii) a government-issued identifier, including a Social Security number, passport 202 number or driver’s license number, that is not required by law to be displayed in public; or 203 (ix) account names, passwords, usernames that are not publicly available or that have a 204 restricted audience, access codes, security questions or answers or other credentials and 205 information used to log in to an account or device, including, but not limited to, passkeys. 206 “Targeted advertising”, displaying advertisements to a consumer where the advertisement 207 is selected based on personal data obtained or inferred from that consumer’s activities over time 208 and across nonaffiliated internet web sites or online applications to predict such consumer’s 209 preferences or interests; provided, however, that “targeted advertising” shall not include: 210 (i) advertisements based on activities within a controller’s own websites or online 211 applications; 212 (ii) advertisements based on the context of a consumer’s current search query, visit to a 213 website or online application; 214 (iii) advertisements directed to a consumer in response to the consumer’s request for 215 information or feedback; or 216 (iv) processing personal data solely to measure or report advertising frequency, 217 performance or reach. 218 “Third party”, a person that collects personal data from another person that is not the 219 consumer to whom the data pertains and is not a processor with respect to such data. “Third 220 party” shall not include a person that collects personal data from another entity if the 2 entities 221 are affiliates. 12 of 40 222 “Trade secret”, as defined in section 42 of chapter 93. 223 Section 2. This chapter shall apply to persons that conduct business in the commonwealth 224 and produce products or provide services that are targeted to residents of the commonwealth and 225 that, during the preceding calendar year: 226 (i) collected or processed the personal data of not less than 100,000 consumers; provided, 227 however, that said personal data shall not include personal data controlled or processed solely for 228 the purpose of completing a payment transaction; 229 (ii) derived gross revenue of not less than $100,000 from the sale of personal data; or 230 (iii) collected or processed sensitive data; provided, however, that sensitive data shall not 231 include personal data controlled or processed solely for the purpose of completing a payment 232 transaction. 233 Section 3. (a) This chapter shall not apply to: 234 (1) any federal, state, tribal, territorial or local government entity such as a body, 235 authority, board, bureau, commission, district or agency of the commonwealth or any political 236 subdivision of the commonwealth; 237 (2) a nonprofit organization established to detect and prevent fraudulent acts in 238 connection with insurance that is operating solely for that purpose; 239 (3) a national securities association registered pursuant to section 15A of the Securities 240 Exchange Act of 1934 and the rules and implementing regulations promulgated thereunder; 13 of 40 241 (4) a registered futures association designated pursuant to section 17 of the Commodity 242 Exchange Act and the rules and implementing regulations promulgated thereunder; 243 (5) a bank, credit union or any affiliate or subsidiary thereof that: (A) is only and directly 244 engaged in financial activities as described in 12 U.S.C. 1843(k); (B) is regulated and examined 245 by the division of banks or an applicable federal bank regulatory agency; and (C) has established 246 a program to comply with all applicable requirements established by the commissioner of banks 247 or the applicable federal bank regulatory agency concerning personal data; 248 (6) an educational nonprofit organization, including an institution of higher education; 249 (7) a nonprofit organization that establishes or maintains a blood bank or transfusion 250 service pursuant to section 184B of chapter 111 and in compliance with applicable requirements 251 of the United States Food and Drug Administration, including, but not limited to, 21 C.F.R. Parts 252 600, 601, 606, 607, 610, 630 and 640, as amended, and any successor provisions; 253 (8) an agent, broker-dealer, investment adviser or investment adviser representative, as 254 defined in section 401 of chapter 110A, who is regulated by the secretary of the commonwealth 255 or the United States Securities and Exchange Commission; or 256 (9) a covered entity or business associate governed by the privacy, security and breach 257 notification rules issued by the United States Department of Health and Human Services, 45 258 C.F.R. Parts 160 and 164, established under the Health Insurance Portability and Accountability 259 Act of 1996; provided that, for purposes of this clause, the following words shall, unless the 260 context clearly requires otherwise, have the following meanings: 14 of 40 261 (A) “business associate”, as defined in 45 C.F.R. 160.103 and, consistent with said 45 262 C.F.R. 160.103, shall include: (i) a Health Information Organization, E-prescribing Gateway or 263 other person that provides data transmission services with respect to protected health information 264 to a covered entity and that requires access on a routine basis to such protected health 265 information; (ii) a person that offers a personal health record to 1 or more individuals on behalf 266 of a covered entity; and (iii) a subcontractor that creates, receives, maintains or transmits 267 protected health information on behalf of the business associate; 268 (B) “covered entity”, as defined in 45 C.F.R. 160.103 and, consistent with said 45 C.F.R. 269 160.103, shall include: (i) a health plan; (ii) a health care clearinghouse; or (iii) a health care 270 provider who transmits any health information in electronic form in connection with a 271 transaction covered by said 45 C.F.R. Parts 160 and 164. 272 (b) Notwithstanding subsection (a), any entity exempt pursuant to subsection (a) shall 273 comply with clause (i) of subsection (a) of section 7. 274 (c) The following information and data shall be exempt from this chapter: 275 (1) protected health information that a covered entity or business associate collects, 276 processes or creates in accordance with or documents that a covered entity or business associate 277 creates for the purpose of complying with HIPAA and regulations promulgated under HIPAA; 278 (2) patient-identifying information for purposes of 42 U.S.C. 290dd-2; 279 (3) identifiable private information for purposes of the federal policy for the protection of 280 human subjects under 45 C.F.R. 46; 15 of 40 281 (4) identifiable private information that is otherwise information collected as part of 282 human subjects research pursuant to the good clinical practice guidelines issued by the 283 International Council for Harmonisation of Technical Requirements for Pharmaceuticals for 284 Human Use; 285 (5) the protection of human subjects under 21 C.F.R. parts 50 and 56, or personal data 286 used or shared in research, as defined in 45 C.F.R. 164.501, that is conducted in accordance with 287 the standards set forth in this paragraph and paragraphs (3) and (4), or other research conducted 288 in accordance with applicable law; 289 (6) information and documents created for purposes of the Health Care Quality 290 Improvement Act of 1986, 42 U.S.C. 11101 et seq.; 291 (7) patient safety work product for purposes of the Patient Safety and Quality 292 Improvement Act of 2005, 42 U.S.C. 299b-21 et seq., as amended from time to time; 293 (8) information derived from any of the health care-related information listed in this 294 subsection that is de-identified in accordance with the requirements for de-identification pursuant 295 to HIPAA; 296 (9) personal information collected, processed or sold subject to Title V of the Gramm- 297 Leach-Bliley Act, 15 U.S.C. 6801 et seq.; 298 (10) the collection, maintenance, disclosure, sale, communication or use of any personal 299 information bearing on a consumer’s credit worthiness, credit standing, credit capacity, 300 character, general reputation, personal characteristics or mode of living by a consumer reporting 301 agency, furnisher or user that provides information for use in a consumer report, and by a user of 16 of 40 302 a consumer report, but only to the extent that such activity is regulated by and authorized under 303 the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., as amended from time to time; 304 (11) personal data collected, processed, sold or disclosed in compliance with the Driver’s 305 Privacy Protection Act of 1994, 18 U.S.C. 2721 et seq., as amended from time to time; 306 (12) personal data regulated by the Family Educational Rights and Privacy Act, 20 307 U.S.C. 1232g et seq., as amended from time to time; 308 (13) personal data collected, processed, sold or disclosed in compliance with the Farm 309 Credit Act, 12 U.S.C. 2001 et seq., as amended from time to time; 310 (14) data collected or processed: (i) in the course of an individual applying to, employed 311 by or acting as an agent or independent contractor of a controller, processor or third party, to the 312 extent that the data is collected and used within the context of that role; (ii) as the emergency 313 contact information of an individual under this chapter used for emergency contact purposes; or 314 (iii) that is necessary to retain to administer benefits for another individual relating to the 315 individual who is the subject of the information under paragraph (1) and used for the purposes of 316 administering such benefits; and 317 (15) personal data collected, processed, sold or disclosed in relation to price, route or 318 service, as such terms are used in the Federal Aviation Act of 1958, 49 U.S.C. 40101 et seq., to 319 the extent this chapter is preempted by the Federal Aviation Act of 1958, and the Airline 320 Deregulation Act of 1978, 49 U.S.C. 41713, as said acts may be amended from time to time. 17 of 40 321 (d) Controllers and processors that comply with the verifiable parental consent 322 requirements of COPPA shall be deemed compliant with any obligation to obtain parental 323 consent pursuant to this chapter. 324 Section 4. (a) A consumer shall have the right to: 325 (1) confirm whether a controller is collecting or processing the consumer’s personal data 326 and access such personal data, including, but not limited to, any inferences about the consumer 327 derived from such personal data; provided, however, that such confirmation or access shall not 328 require the controller to reveal a trade secret; 329 (2) obtain from a controller a list of third parties, other than natural persons, to which the 330 controller has sold either: (i) the consumer’s personal data; or (ii) any personal data; provided, 331 however, that such confirmation or access shall not require the controller to reveal a trade secret; 332 (3) correct inaccuracies in the consumer’s personal data, taking into account the nature of 333 the personal data and the purposes of the processing of the consumer’s personal data; 334 (4) delete personal data provided by, or obtained about, the consumer, including personal 335 data the consumer provided to the controller, personal data the controller obtained from another 336 source and derived data; 337 (5) obtain a copy of the consumer’s personal data collected or processed by the 338 controller, in a portable and, to the extent technically feasible, readily usable format that allows 339 the consumer to transmit the data to another controller without hindrance, where the processing 340 is carried out by automated means; and 18 of 40 341 (6) opt out of the collection and processing of the consumer’s personal data for purposes 342 of: (i) targeted advertising; (ii) the sale of personal data; or (iii) profiling in furtherance of solely 343 automated decisions that produce legal or similarly significant effects concerning the consumer. 344 (b) A consumer may exercise rights under this section by a secure and reliable means 345 established by the controller and described to the consumer in the controller’s privacy notice 346 pursuant to section 8. A consumer may designate an authorized agent in accordance with section 347 5 to exercise the rights of such consumer specified in this section on behalf of the consumer. 348 (c) Except as otherwise provided in this chapter, a controller shall comply with a request 349 by a consumer to exercise the consumer rights authorized pursuant to this section as follows: 350 (1) A controller shall respond to the consumer without undue delay, but not later than 45 351 days after receipt of the request. The controller may extend the response period by 45 additional 352 days when reasonably necessary, considering the complexity and number of the consumer’s 353 requests; provided, that the controller shall inform the consumer of any such extension and the 354 reason for the extension within the initial 45-day response period. 355 (2) If a controller declines to take action regarding the consumer’s request, the controller 356 shall inform the consumer without undue delay, but not later than 45 days after receipt of the 357 request, of the justification for declining to take action and instructions for how to appeal the 358 decision. 359 (3) Information provided in response to a consumer request shall be provided by a 360 controller, free of charge, not less than twice per consumer during any 12-month period. If 361 requests from a consumer are manifestly unfounded, excessive or repetitive, the controller may 362 charge the consumer a reasonable fee to cover the administrative costs of complying with the 19 of 40 363 request or decline to act on the request. The controller shall bear the burden of demonstrating 364 that a request is manifestly unfounded, excessive or repetitive. 365 (4) If a controller is unable to authenticate a request to exercise any of the rights afforded 366 under paragraphs (1) to (5), inclusive, of subsection (a) using commercially reasonable efforts, 367 the controller shall not be required to comply with a request to initiate an action pursuant to this 368 section and shall provide notice to the consumer that the controller is unable to authenticate the 369 request to exercise such right until such consumer provides additional information reasonably 370 necessary to authenticate such consumer and such consumer’s request to exercise such right; 371 provided, that any such information shall not be used for any purpose other than the 372 authentication of the consumer. A controller shall not require authentication to exercise an opt- 373 out request, but a controller may deny an opt-out request if the controller has a good faith, 374 reasonable and documented belief that the request is fraudulent. If a controller denies an opt-out 375 request because the controller believes such request is fraudulent, the controller shall send a 376 notice to the person who made such request disclosing that the controller believes the request is 377 fraudulent, why such controller believes the request is fraudulent and that the controller shall not 378 comply with the request. 379 (5) A controller that has obtained personal data about a consumer from a source other 380 than the consumer shall be deemed in compliance with a consumer’s request to delete such 381 personal data pursuant to paragraph (4) of subsection (a) by deleting the consumer’s personal 382 data retained by the controller and retaining a record of the deletion request and the minimum 383 data necessary for the purpose of ensuring the consumer’s personal data remains deleted from the 384 controller’s records and not using such retained data for any other purpose pursuant to this 385 chapter. 20 of 40 386 (d) A controller shall establish a process for a consumer to appeal the controller’s refusal 387 to take action on a request within a reasonable period of time after the consumer’s receipt of the 388 decision. The appeal process shall be conspicuously available and similar to the process for 389 submitting requests to initiate action pursuant to subsection (b). Not later than 60 days after 390 receipt of an appeal, a controller shall inform the consumer in writing of any action taken or not 391 taken in response to the appeal, including a written explanation of the reasons for the decision. If 392 the appeal is denied, the controller shall provide the consumer with an online mechanism, if 393 available, or other method, including mail or in person, through which the consumer may contact 394 the attorney general to submit a complaint. 395 (e) A controller shall not condition, effectively condition, attempt to condition or attempt 396 to effectively condition the exercise of a right described in this section through the use of: (i) any 397 false, fictitious, fraudulent or materially misleading statement or representation; or (ii) dark 398 patterns. 399 (f) A controller shall not collect or process personal data in a manner that unlawfully 400 discriminates against an individual or class of individuals, threatens to discriminate against an 401 individual or class of individuals or otherwise makes unavailable the equal enjoyment of goods 402 or services on the basis of an individual’s or class of individuals’ actual or perceived race, color, 403 sex, sexual orientation, gender identity, disability, religion, genetic information, pregnancy or 404 condition related to pregnancy, status as a veteran, ancestry, national origin, citizenship or 405 immigration status or any other basis protected by chapter 151B. 406 (g) Subsection (f) shall not apply to: 21 of 40 407 (i) the collection or processing of personal data for the sole purpose of: (A) a controller or 408 processor’s self-testing to prevent or mitigate unlawful discrimination or otherwise to ensure 409 compliance with state or federal law; or (B) diversifying an applicant, participant or customer 410 pool; or 411 (ii) a private establishment, as described in 42 U.S.C. 2000a(e). 412 Section 5. (a) A consumer may designate another person to serve as the consumer’s 413 authorized agent to act on such consumer’s behalf to exercise rights specified in paragraph (6) of 414 subsection (a) of section 4. A parent or legal guardian of a minor may exercise a consumer right 415 under said subsection (a) of said section 4 on the minor’s behalf; provided, however, that no 416 controller shall share with an authorized agent any personal data related to a minor and their 417 LGBTQ+ protected status. For a consumer subject to a guardianship, conservatorship or other 418 protective arrangement, the guardian or conservator of the consumer may exercise a consumer 419 right under said subsection (a) of said section 4 on the consumer’s behalf; provided, however, 420 that no controller shall share with an authorized agent any personal data related to a consumer 421 and their LGBTQ+ protected status. 422 (b) A controller shall comply with a request received from an authorized agent if the 423 controller is able to authenticate, with commercially reasonable effort, the identity of the 424 consumer and the authorized agent’s authority to act on such consumer’s behalf. 425 Section 6. A controller shall: 426 (1) limit the collection of personal data to what is reasonably necessary and proportionate 427 in relation to the purposes for which the personal data is collected or processed, as disclosed to 428 the consumer; provided, that such purposes shall be consistent with the reasonable expectations 22 of 40 429 of the consumer, taking into account: (i) the personal data that is reasonably necessary to achieve 430 the purpose for which the personal data is collected; (ii) the impact that processing the personal 431 data might have on the consumer; (iii) the relationship between the consumer and the controller 432 and the context in which the personal data were collected; and (iv) the existence of additional 433 safeguards, including, but not limited to, encryption; 434 (2) unless the controller obtains the consumer’s affirmative consent, not process the 435 consumer’s personal data for any materially new purpose that is neither reasonably necessary to, 436 nor compatible with, the purposes that were disclosed to the consumer; 437 (3) not collect or process sensitive data concerning a consumer without obtaining the 438 consumer’s affirmative consent, or, in the case of the processing of sensitive data concerning a 439 known child, without processing such sensitive data in accordance with COPPA; 440 (4) establish, implement and maintain reasonable administrative, technical and physical 441 data security practices to protect the confidentiality, integrity and accessibility of personal data 442 appropriate to the volume and nature of the personal data at issue, including, but not limited to, 443 disposing of personal data in accordance with a retention schedule that requires the deletion of 444 personal data when the personal data is required to be deleted by law or is no longer necessary 445 for the purpose for which the data was collected or processed; and 446 (5) provide an effective mechanism for a consumer to revoke the consumer’s affirmative 447 consent that is at least as easy as the mechanism by which the consumer provided the consumer’s 448 affirmative consent and, upon revocation of such affirmative consent, cease to process the 449 personal data as soon as practicable, but not later than 15 days after the receipt of such request. 450 Section 7. (a) A controller shall not: 23 of 40 451 (i) sell: (A) precise geolocation data of any individual or consumer collected or processed 452 within the commonwealth, regardless of the residency of the individual or consumer; provided, 453 that precise geolocation data shall not be sold even with the affirmative consent of an individual 454 or consumer; or (B) sensitive data other than precise geolocation data without obtaining the 455 consumer’s affirmative consent; and provided further, that in the case of the collection or 456 processing of personal data concerning a known child, personal data shall be collected and 457 processed in accordance with COPPA; 458 (ii) collect or process the personal data of a consumer for purposes of targeted advertising 459 or sell the consumer’s personal data under circumstances where a controller has actual 460 knowledge or willfully disregards that the consumer is a minor; or 461 (iii) discriminate or retaliate against a consumer, or threaten to discriminate or retaliate 462 against a consumer, for exercising any of the consumer rights contained in this chapter, or for 463 refusing to agree to the collection or processing of personal data for a specific product or service, 464 including, but not limited to, denying goods or services, charging different prices or rates for 465 goods or services or providing a different level of quality of goods or services to the consumer. 466 (b)(1) Nothing in paragraph (iii) of subsection (a) shall be construed to require a 467 controller to provide a specific product or service that requires the personal data of a consumer 468 which the controller does not collect or maintain, or prohibit a controller from offering a 469 different price, rate, level, quality or selection of goods or services to a consumer, including 470 offering goods or services for no fee, if the offering is in connection with a consumer’s voluntary 471 participation in a bona fide loyalty, rewards, premium features, discounts, club card or similar 472 program; provided, that: (i) the controller shall not sell personal data to a third party as part of 24 of 40 473 such program unless such sale is clearly and conspicuously disclosed in the terms of the 474 program; and (ii) the sale of personal data shall not be a condition of participation in the 475 program. 476 (2) A controller shall not use financial incentive practices that are unjust, unreasonable, 477 coercive or usurious in nature. 478 Section 8. (a) A controller shall provide consumers with a reasonably accessible, clear 479 and not misleading privacy notice that shall include: 480 (i) the categories of personal data collected and processed by the controller, including a 481 separate list of categories of sensitive data collected and processed by the controller, described in 482 a level of detail that provides consumers with an understanding of the type of personal data 483 collected or processed; 484 (ii) the purpose for collecting and processing each category of personal data the controller 485 collects or processes described in a way that gives consumers an understanding of how each 486 category of their personal data will be used; 487 (iii) how consumers may exercise their consumer rights, including how a consumer may 488 appeal a controller’s decision with regard to the consumer’s request; 489 (iv) the categories of personal data that the controller sells to third parties, if any, and the 490 purposes for those sales; 491 (v) the categories of third parties, if any, to which the controller sells personal data; 25 of 40 492 (vi) the length of time the controller intends to retain each category of personal data, or, if 493 it is not possible to identify the length of time, the criteria used to determine the length of time 494 the controller intends to retain categories of personal data; and 495 (vii) an active electronic mail address or other online mechanism that the consumer may 496 use to contact the controller. 497 (b)(1) The privacy notice shall be provided directly to consumers and made publicly 498 available online. If a controller makes a material change to its privacy notice, the controller shall 499 notify each consumer affected by the material change before implementing the material change 500 with respect to prospectively collected personal data and shall provide a reasonable opportunity 501 for each consumer to withdraw affirmative consent. The controller shall take all reasonable 502 electronic measures to provide direct notification regarding material changes to the privacy 503 notice to each affected consumer, taking into account available technology and the nature of the 504 relationship. 505 (2) A controller shall provide a reasonable opportunity for each consumer to affirmatively 506 consent to further materially different processing or sale of previously collected personal data 507 under the changed notice. 508 (c) If a controller sells personal data to third parties or processes personal data for 509 targeted advertising, the controller shall clearly and conspicuously disclose in the privacy notice 510 such sales or processing and the manner in which a consumer may exercise the right to opt out of 511 such sales or processing. 512 (d)(1) A controller shall establish, and shall describe in a privacy notice, not less than 2 513 secure and reliable means for consumers to submit a request to exercise their consumer rights 26 of 40 514 pursuant to this chapter. Such means shall take into account the ways in which consumers 515 normally interact with the controller, the need for secure and reliable communication of such 516 requests and the ability of the controller to authenticate the identity of the consumer making the 517 request. A controller shall not require a consumer to create a new account to exercise consumer 518 rights but may require a consumer to use an existing account. 519 (2) Any means for a consumer to exercise their consumer rights established pursuant to 520 paragraph (1) shall include allowing a consumer to opt out of any collection or processing of the 521 consumer’s personal data for the purposes of targeted advertising, or any sale of the consumer’s 522 personal data, through an opt-out preference signal sent, with such consumer’s consent, by a 523 platform, technology or mechanism to the controller indicating such consumer’s intent to opt out 524 of any such processing or sale. Such platform, technology or mechanism shall: (i) be consumer- 525 friendly and easy to use by the average consumer; and (ii) enable the controller to reasonably 526 determine whether the consumer is a resident of the commonwealth and whether the consumer 527 has made a legitimate request to opt out of any sale of such consumer’s personal data or targeted 528 advertising. For purposes of this subsection, the use of an internet protocol address to estimate 529 the consumer’s location shall be considered sufficient to reasonably determine residency. 530 (3) If a consumer’s decision to opt out of any processing of the consumer’s personal data 531 for the purposes of targeted advertising, or any sale of personal data, through an opt-out 532 preference signal sent in accordance with this subsection conflicts with the consumer’s existing 533 controller-specific privacy setting or voluntary participation in a controller’s financial incentive 534 program, including a bona fide loyalty, rewards, premium features, discounts, club card or 535 similar program, the controller shall comply with such consumer’s opt-out preference signal but 27 of 40 536 may notify such consumer of such conflict and provide to such consumer the choice to confirm 537 such controller-specific privacy setting or participation in such program. 538 Section 9. (a) A processor shall adhere to the instructions of a controller and shall assist 539 the controller in meeting the controller’s obligations under this chapter. A processor’s assistance 540 shall include: 541 (1) taking into account the nature of processing and the information available to the 542 processor, by appropriate technical and organizational measures, insofar as is reasonable, to 543 fulfill the controller’s obligation to respond to consumer rights requests; 544 (2) taking into account the nature of processing and the information available to the 545 processor, by assisting the controller in meeting the controller’s obligations in relation to the 546 security of processing the personal data and in relation to the notification of a breach of security 547 of the system of the processor; and 548 (3) providing necessary information to enable the controller to conduct and document 549 data protection assessments. 550 (b)(1) A contract between a controller and a processor shall govern the processor’s data 551 processing procedures with respect to processing performed on behalf of the controller. The 552 contract shall be written, binding and clearly set forth: (i) instructions for processing data; (ii) the 553 nature and purpose of processing; (iii) the type of data subject to processing; (iv) the duration of 554 processing; and (v) the rights and obligations of both parties, including a method by which the 555 processor shall notify the covered entity of material changes to its privacy practices. The 556 processor shall adhere to the instructions of the controller and shall only process the data it 28 of 40 557 receives from the controller to the extent necessary to provide a service requested by the 558 controller, as set out in the contract. 559 (2) The contract between a controller and a processor shall require that the processor: 560 (i) ensure that each person processing personal data is subject to a duty of confidentiality 561 with respect to the personal data; 562 (ii) at the controller’s direction, delete or return all personal data to the controller as 563 requested at the end of the provision of services, unless retention of the personal data is required 564 by law; 565 (iii) upon the reasonable request of the controller, make available to the controller all 566 information in the processor’s possession necessary to demonstrate the processor’s compliance 567 with the obligations in this chapter; 568 (iv) after providing the controller an opportunity to object, engage any subcontractor 569 pursuant to a written contract that requires the subcontractor to meet the contractual and statutory 570 or regulatory obligations of the processor with respect to the personal data; 571 (v) be prohibited from combining personal data that the processor receives from or on 572 behalf of a controller with personal data that the processor receives from or on behalf of another 573 person or collects from the interaction of the processor with an individual unless directed to do 574 so by the controller; and 575 (vi) allow, and cooperate with, reasonable assessments by the controller or the 576 controller’s designated assessor, or the processor may arrange for a qualified and independent 577 assessor to conduct an assessment of the processor’s policies and technical and organizational 29 of 40 578 measures in support of the obligations under this chapter, using an appropriate and accepted 579 control standard or framework and assessment procedure for such assessments; provided, that the 580 processor shall provide a report of such assessment to the controller upon request. 581 (3) Nothing in the contract pursuant to paragraphs (1) and (2) shall relieve a controller or 582 processor from the liabilities imposed on the controller or processor by virtue of such controller’s 583 or processor’s role in the processing relationship, as described in this chapter. 584 (c) A processor shall establish, implement and maintain reasonable administrative, 585 technical and physical data security practices to protect the confidentiality, integrity and 586 accessibility of personal data appropriate to the volume and nature of the personal data at issue. 587 (d) Determining whether a person is acting as a controller or processor with respect to a 588 specific processing of personal data shall be a fact-based determination that depends upon the 589 context in which personal data is to be processed. A person who is not limited in such person’s 590 processing of personal data pursuant to a controller’s instructions, or who fails to adhere to such 591 instructions, shall be considered a controller and not a processor with respect to a specific 592 processing of personal data. A processor that continues to adhere to a controller’s instructions 593 with respect to a specific processing of personal data shall remain a processor. If a processor 594 begins, alone or jointly with others, determining the purposes and means of the processing of 595 personal data, the processor shall be considered a controller with respect to such processing and 596 may be subject to an enforcement action under this chapter. 597 (e) A processor shall not process personal data on behalf of a controller if the processor 598 has actual knowledge that the controller has violated this chapter with respect to such personal 599 data. 30 of 40 600 Section 10. (a) For the purposes of this section, the words “processing activities that 601 presents a heightened risk of harm to a consumer” shall include: 602 (1) processing personal data for the purposes of targeted advertising; 603 (2) the sale of personal data; 604 (3) processing of personal data for the purposes of profiling, where such profiling 605 presents a reasonably foreseeable risk of: (A) unfair or deceptive treatment of, or unlawful 606 disparate impact on, consumers; (B) financial, physical or reputational injury to consumers; (C) a 607 physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of 608 consumers, where such intrusion would be offensive to a reasonable person; or (D) other 609 substantial injury to consumers; 610 (4) processing of sensitive data; and 611 (5) processing of personal data where such personal data was processed through a 612 consumer’s use of a product or service predominantly used by minors. 613 (b) A controller shall conduct and document a data protection assessment for each of the 614 controller’s processing activities that presents a heightened risk of harm to a consumer. 615 (c) Data protection assessments shall identify: (i) the categories of personal data 616 processed; (ii) the purposes for processing such personal data; (iii) whether personal data is being 617 sold; and (iv) weigh the benefits that may flow, directly and indirectly, from the processing to the 618 controller, the consumer, other stakeholders and the public against the potential risks to the rights 619 of the consumer associated with such processing, as mitigated by safeguards that are employed 620 by the controller to reduce such risks. The controller shall factor into any such data protection 31 of 40 621 assessment the use of de-identified data and the reasonable expectations of consumers, as well as 622 the context of the processing and the relationship between the controller and the consumer whose 623 personal data will be processed. 624 (d) The attorney general may require a controller to disclose any data protection 625 assessment that is relevant to an investigation conducted by the attorney general, and the 626 controller shall make the data protection assessment available to the attorney general. The 627 attorney general may evaluate the data protection assessment for compliance with the 628 responsibilities in this chapter. To the extent any information contained in a data protection 629 assessment disclosed to the attorney general includes information subject to attorney-client 630 privilege or work product protection, such disclosure shall not constitute a waiver of such 631 privilege or protection. 632 (e) A single data protection assessment may address a comparable set of processing 633 operations that include similar activities. 634 (f) If a controller conducts a data protection assessment for the purpose of complying 635 with another applicable law or regulation, the data protection assessment shall be deemed to 636 satisfy the requirements established in this section if such data protection assessment is 637 reasonably similar in scope and effect to the data protection assessment that would otherwise be 638 conducted under this section. 639 (g) A controller shall review and update the data protection assessment as often as 640 appropriate. 641 Section 11. (a) Any controller who has collected or processed personal data and is in 642 possession of de-identified data shall: 32 of 40 643 (1) take technical measures to ensure that the personal data cannot be associated with an 644 individual; 645 (2) publicly commit to maintaining and using de-identified data without attempting to re- 646 identify the personal data; and 647 (3) contractually obligate any recipients of the de-identified data to comply with all 648 provisions of this chapter. 649 (b) Nothing in this chapter shall be construed to require a controller or processor to: 650 (1) re-identify de-identified data; 651 (2) maintain data in identifiable form or collect, obtain, retain or access any data or 652 technology, in order to be capable of associating an authenticated consumer request with 653 personal data; or 654 (3) comply with an authenticated consumer rights request if the controller: (A) is not 655 reasonably capable of associating the request with the personal data or it would be unreasonably 656 burdensome for the controller to associate the request with the personal data; and (B) does not 657 use the personal data to recognize or respond to the specific consumer who is the subject of the 658 personal data, or associate the personal data with other personal data about the same specific 659 consumer. 660 (c) A controller that sells de-identified data shall exercise reasonable oversight to monitor 661 compliance with any contractual commitments to which the de-identified data is subject and 662 shall take appropriate steps to address any breaches of those contractual commitments. 33 of 40 663 Section 12. (a) Nothing in this chapter shall be construed to restrict a controller’s or 664 processor’s ability to: 665 (1) comply with federal, state or municipal ordinances or regulations; 666 (2) comply with a civil, criminal or regulatory inquiry, investigation, subpoena or 667 summons by federal, state, municipal or other governmental authorities, except as prohibited by 668 another law, including, but not limited to, section 115 of chapter 93; 669 (3) cooperate with law enforcement agencies concerning conduct or activity that the 670 controller or processor reasonably and in good faith believes may violate federal, state or 671 municipal ordinances or regulations; 672 (4) investigate, establish, exercise, prepare for or defend legal claims; 673 (5) provide, maintain, improve or update a product or service specifically requested by 674 the consumer; 675 (6) perform under a contract to which a consumer is a party, including fulfilling the terms 676 of a written warranty; 677 (7) take steps at the request of a consumer prior to entering into a contract; 678 (8) take immediate steps to protect an interest that is essential for the life or physical 679 safety of the consumer or another individual, and where the processing cannot be manifestly 680 based on another legal basis; 681 (9) prevent, detect, protect against or respond to security incidents, identity theft, fraud, 682 harassment, malicious or deceptive activities or any illegal activity targeted at or involving the 34 of 40 683 controller or processor or its services, preserve the integrity or security of systems or investigate, 684 report or prosecute those responsible for any such action; 685 (10) assist another controller, processor or third party with any of the obligations under 686 this chapter; 687 (11) process personal data for reasons of public interest in the area of public health, 688 community health or population health, but solely to the extent that such processing is: (A) 689 subject to suitable and specific measures to safeguard the rights of the consumer whose personal 690 data is being processed; and (B) under the responsibility of a professional subject to 691 confidentiality obligations under federal, state or local law; 692 (12) ensure the data security and integrity of personal data as required by this chapter, 693 protect against spam or protect and maintain networks and systems, including through 694 diagnostics, debugging and repairs; 695 (13) effectuate a product recall pursuant to federal or state law or to fulfill a warranty; 696 (14) conduct medical research in compliance with 45 C.F.R. part 46 or 21 C.F.R. parts 50 697 and 56; 698 (15) publish entity-based member or employee contact information where such 699 publication is intended to allow members of the public to contact such entity-based member or 700 employee in the ordinary course of the entity’s operations; 701 (16) process personal data previously collected in accordance with this chapter such that 702 the personal data becomes de-identified data, including to: (A) conduct internal research to 703 develop, improve or repair products, services or technology; (B) identify and repair technical 35 of 40 704 errors that impair existing or intended functionality; or (C) perform internal operations that are 705 reasonably aligned with the expectations of the consumer or reasonably anticipated based on the 706 consumer’s existing relationship with the controller, or are otherwise compatible with processing 707 data in furtherance of the provision of a product or service specifically requested by a consumer 708 or the performance of a contract to which the consumer is a party; 709 (17) provide information or feedback to the consumer either in response to a query or for 710 the purpose of providing a product or service requested by the consumer; or 711 (18) with the consent of the consumer, collect or process the consumer’s biometric data 712 using facial recognition technology for the purposes of permitting entry to a ticketed event in a 713 location closed to the public; provided, that the biometric data shall not be used for any other 714 purpose and shall be de-identified as soon as practicable; and provided further, that no biometric 715 data shall be sold to any third party. 716 (b) The obligations imposed on controllers or processors under this chapter shall not 717 apply where compliance by the controller or processor with this chapter would violate an 718 evidentiary privilege under the laws of the commonwealth. Nothing in this chapter shall be 719 construed to prevent a controller or processor from providing personal data concerning a 720 consumer to a person covered by an evidentiary privilege under the laws of the commonwealth 721 as part of a privileged communication. 722 (c)(1) A controller or processor that discloses personal data to a processor or third party 723 controller in accordance with this chapter shall not be deemed to have violated this chapter if the 724 processor or third party controller that receives and processes such personal data violates this 725 chapter; provided, that at the time the controller or processor disclosed such personal data, the 36 of 40 726 disclosing controller or processor did not have actual knowledge that the receiving processor or 727 third party controller would violate this chapter. 728 (2) A third party controller or processor receiving personal data from a controller or 729 processor in compliance with this chapter shall not be in violation of this chapter for the 730 transgressions of the controller or processor from which such third party controller or processor 731 receives such personal data. 732 (d) Nothing in this chapter shall be construed to: (i) impose any obligation on a controller 733 or processor that adversely affects the rights or freedoms of any person, including, but not 734 limited to, the rights of any person to freedom of speech or freedom of the press guaranteed in 735 the First Amendment to the United States Constitution or Article XVI of the Declaration of 736 Rights; or (ii) apply to any person’s collection or processing of personal data in the course of 737 such person’s purely personal or household activities. 738 (e) Personal data collected or processed by a controller under this section may be 739 collected or processed to the extent that such collection and processing is consistent with this 740 chapter. 741 Section 13. (a) The attorney general shall promulgate rules or regulations to implement 742 this chapter, including, but not limited to, rules and regulations that establish: 743 (i) baseline technical requirements that determine if a given dataset has been or can be 744 considered sufficiently de-identified; 745 (ii) reasonable administrative, technical and physical data security practices that satisfy 746 the requirements set forward in paragraph (4) of section 6; 37 of 40 747 (iii) a nonexclusive list of practices that constitute dark patterns or otherwise violate the 748 requirements of this chapter regarding a consumer’s affirmative consent; 749 (iv) a nonexclusive list of data collection or processing practices that constitute unfair or 750 deceptive practices in trade or commerce; 751 (v) the frequency for which the controller shall review and update the data protection 752 assessment under section 10; and 753 (vi) requirements for privacy notices under section 8. 754 Section 14. (a)(1) A violation of this chapter shall constitute an unfair or deceptive trade 755 practice for purposes of chapter 93A. 756 (2) Notwithstanding sections 9 and 11 of chapter 93A, the attorney general shall have 757 exclusive authority to bring a civil action against any controller or processor other than a large 758 data holder that violates this chapter or a regulation adopted under this chapter to: 759 (i) enjoin an act or practice that is in violation of this chapter or a regulation adopted 760 under this chapter, including an order that an entity retrieve any personal data transferred in such 761 violation; 762 (ii) enforce compliance with this chapter or a regulation adopted under this chapter, 763 including by seeking declaratory relief; 764 (iii) obtain damages, including punitive damages, restitution of any money or property 765 obtained directly or indirectly by any such violation and disgorgement of any profits, assets, 766 property or personal data obtained directly or indirectly by any violation on behalf of the 767 residents of the commonwealth; 38 of 40 768 (iv) impose civil penalties in an amount not more than $5,000 per violation; 769 (v) obtain investigative costs, reasonable attorney’s fees and other litigation costs, 770 including, but not limited to, expert fees, reasonably incurred; and 771 (vi) obtain any other and further relief as the court may deem proper. 772 (3) The restitution recovery for any violation of this chapter awarded as the result of a 773 class action shall be reduced by any restitution amounts recovered by the attorney general for the 774 same violation. Determination of damages shall be stayed until the attorney general notifies the 775 court of any such recovery or that it is not seeking recovery in the matter, but in no event more 776 than 1 year after a finding of liability or the filing of a stipulated judgement. 777 (b) The attorney general shall create, maintain and monitor a mechanism for consumers 778 to report potential violations of this chapter. 779 (c) Annually, not later than March 1, the attorney general shall issue a report to the clerks 780 of the house of representatives and senate and the chairs of the joint committee on advanced 781 information technology, the internet and cybersecurity in a manner consistent with section 11 of 782 chapter 12 on any enforcement actions taken pursuant to this section and the status or outcomes 783 of said enforcement actions; provided, however, that such report shall relate to the enforcement 784 of this chapter and its regulations; and provided further, that the attorney general may 785 incorporate the report required pursuant to this subsection in the annual report pursuant to said 786 section 11 of said chapter 12. 787 SECTION 1A. (a) The office of consumer affairs and business regulation shall conduct a 788 study and issue a report on how to best regulate data brokers in the commonwealth. 39 of 40 789 (b) The office shall: 790 (i) examine what qualifies an entity as a data broker; 791 (ii) estimate the number of data brokers operating in the commonwealth and the scope of 792 data broker operations; 793 (iii) estimate the cost, feasibility and efficacy of establishing and maintaining a data 794 broker registry; 795 (iv) consider whether existing data privacy and consumer protection laws and regulations 796 are sufficient to protect the residents of the commonwealth from any negative impacts associated 797 with data brokers; 798 (v) evaluate laws and regulations in other jurisdictions in terms of their cost, feasibility, 799 utility and efficacy; and 800 (vi) consider any other matters that are relevant to the regulation of data brokers, 801 including, but not limited to, any positive impacts associated with data brokers. 802 (b) The report shall include, but shall not be limited to: (i) proposed definitions that may 803 be appropriate for statute or regulations on how to define a data broker; (ii) a review of other 804 states’ regulation of data brokers; and (iii) data related to cost and feasibility of regulating data 805 brokers. 806 (b) Not later than July 1, 2027, the office of consumer affairs and business regulation 807 shall submit a report of its findings and recommendations, including any proposed legislation, by 808 filing the same with the clerks of the house of representatives and the senate, the house and 40 of 40 809 senate committees on ways and means and the joint committee on advanced information 810 technology, the internet and cybersecurity. 811 SECTION 2. The data protection assessments required by section 10 of chapter 93M of 812 the General Laws, inserted by section 1, shall not be requested by the attorney general before 813 July 1, 2028. 814 SECTION 3. Not later than May 1, 2027, the attorney general shall promulgate rules or 815 regulations required pursuant to section 13 of chapter 93M of the General Laws, inserted by 816 section 1. 817 SECTION 4. The first report required pursuant to section 14 of chapter 93M of the 818 General Laws, inserted by section 1, shall be submitted not later than March 1, 2028. 819 SECTION 5. Section 1 shall take effect July 1, 2027.; and by striking out the title and 820 inserting in place thereof the following title: “An Act establishing the Massachusetts consumer 821 data privacy act.”.