House Docket ('HD') 3053 containing a bill for An Act to protect biometric information was filed, on 20 January 2023, with the House of Representatives. In particular, HD 3055 requires:

• a covered entity or data processor to not collect or process an individual's biometric information for identification unless it:
  • informs the individual in writing in a way that the individual can reasonably understand that the covered entity is going to collect and process biometric information;
  • provides the individual with the biometric privacy policy; and
  • obtains explicit non-electronic, handwritten consent, executed by the individual or their legal guardian or representative, that authorises the collection and processing of biometric information for a specific purpose, excluding monetisation. HB 3055 highlights that such consent shall be delivered to the covered entity by hand, postal mail, facsimile, or via email with an electronic scan attached; or
• a covered entity or data processor shall not collect or process an individual's biometric information for verification purposes unless it first:
  • informs the individual in writing in a way that the individual can reasonably understand that the covered entity is going to collect and process biometric information;
  • provides the individual with the Biometric Privacy Policy; and
  • obtains explicit handwritten or electronic consent from the individual or their legal guardian or representative before any such information is collected or processed.

Furthermore, HD 3055 seeks to impose obligations on covered entities, which are defined as any individual, partnership, corporation, limited liability company, association, or another group, however organised, which does not include a state or local government agency, or any court of Massachusetts, a clerk of the court, or a judge or justice thereof. In addition, HD 3055 seeks to impose obligations on data processors, which are defined as a person or entity that processes biometric information on behalf of a covered entity.

You can download HD 3055 here and track its progress here.

UPDATE (14 March 2023)

Bill assigned number and referred to committee

HD 3055 was assigned a bill number, namely House Bill 63, on 16 February 2023, and thereafter referred, on the same date, to the Committee on Advanced Information Technology, the Internet and Cybersecurity.

You can download the bill here and track its progress here.