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S 1540

An Act protecting personal identifying information on records of death

194th Legislature (2025-2026) Introduced by Barry Finegold

Massachusetts bill restricts access to personal identifiers on death records to combat identity theft and fraud targeting deceased individuals and families.

Accompanied a study order, see S2790
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Bill Summary · S 1540

Legislative bill overview

S 1540 proposes to restrict access to personal identifying information contained in death records in Massachusetts. The bill aims to protect sensitive data such as Social Security numbers, dates of birth, and addresses from being readily available on public death certificates and related mortality documents.

Why is this important

Death records are traditionally public documents, but increased identity theft and fraud targeting deceased individuals and their families have raised privacy concerns. Restricting access to personal identifiers on these records could reduce vulnerability to fraud while maintaining the public's ability to verify deaths and access necessary genealogical information.

Potential points of contention

  • Balancing transparency with privacy: Death records serve legitimate public interests (genealogy research, journalism, vital statistics), and restricting access may limit these uses without clear carve-outs for qualified researchers or journalists
  • Implementation challenges: Determining which entities (funeral homes, genealogists, government agencies, media) should access restricted information and establishing secure verification procedures would require detailed regulatory guidance
  • Effectiveness questions: The bill's actual impact on identity theft prevention is unclear, as bad actors may already have access to identifying information through other means, and the restriction may simply shift vulnerability to other record types

Compiled from official sources — confirm details with the bill’s official record.

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