Support Centre

You have out of 5 free articles left for the month

Signup for a trial to access unlimited content.

Start Trial

Continue reading on DataGuidance with:

Free Member

Limited Articles

Create an account to continue accessing select articles, resources, and guidance notes.

Free Trial

Unlimited Access

Start your free trial to access unlimited articles, resources, guidance notes, and workspaces.

Massachusetts: Bills on consumer health data introduced to State Senate

Senate Docket ('SD') 2118 containing a bill for An Act relative to Consumer Health Data was filed, on 20 January 2023, with the State Senate. In particular, SD 2118 seeks to impose obligations on regulated entities, which are defined as any legal entity that:

  • conducts business in Massachusetts or produces products or services that are targeted to consumers in Massachusetts; and
  • collects, shares, or sells consumer health data.

Further to the above, SD 2118 would require, among other things, regulated entities to maintain, and publish on their homepage, a consumer health data privacy policy that clearly and conspicuously discloses:

  • the types of consumer health data collected and the purpose for which the data is collected, including the specific ways in which it will be used;
  • the sources from which the consumer health data is collected;
  • the consumer health data that is shared;
  • a list of third parties and affiliates with whom the consumer health data is shared; and
  • how a consumer can exercise their rights.

Moreover, SD 2118 prohibits regulated entities from collecting consumer health data, except with the consent of the consumer and to the extent strictly necessary to provide a product or service that the consumer has requested.

Separately, SD 2118 is a companion bill of House Docket 3855, which was filed with the State Senate on the same date.

You can download SD 2118 here and track its progress here.

UPDATE (14 March 2023)

Bill assigned number and referred to committee

SD 2118 was assigned a bill number, namely Senate Bill 184, on 16 February 2023, and thereafter referred, on the same date, to the Committee on Consumer Protection and Professional Licensure.

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