WeVote
Log In

Bill

Bill

SD 2204

An Act to protect personal biometric data

194th Legislature (2025-2026) Introduced by Mark Montigny

Massachusetts bill requiring prior informed consent before collecting, using, or selling personal biometric data with enforcement penalties for violations by private and public entities.

Referred to the committee on Advanced Information Technology, the Internet and Cybersecurity
0
WeVote Research Nonpartisan
Bill Summary · SD 2204

Legislative bill overview

SD 2204 establishes protections for personal biometric data in Massachusetts by requiring informed consent before collection, use, or sale of biometric identifiers (such as fingerprints, facial recognition, iris scans, and voice patterns). The bill creates enforcement mechanisms and penalties for unauthorized biometric data handling by private entities and government agencies.

Why is this important

Biometric data is permanent and cannot be changed if compromised, making it fundamentally different from passwords or credit card numbers. As facial recognition and other biometric technologies become increasingly prevalent in retail, law enforcement, and commercial applications, baseline legal protections become critical to prevent misuse, discrimination, and privacy erosion.

Potential points of contention

  • Business compliance costs: Companies argue that strict consent requirements and data handling obligations increase operational costs, particularly for retailers and service providers using biometric systems
  • Law enforcement scope: Tension exists over whether police and government agencies should have different rules than private companies, with civil liberties groups pushing for equal restrictions while law enforcement argues operational necessity requires flexibility
  • Consent practicality: Defining meaningful "informed consent" is complex—whether blanket opt-in terms of service constitute genuine consent, or if ongoing use consent is required separately from initial collection consent

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

Sign in to ask a question.