Bill
S 197
Prohibits monetizing location data from devices in Massachusetts, requiring opt-in consent and strict limits on collection, with defined permissible uses and a location privacy pol
Note on sources and inconsistencies
- The bill text provided is a Massachusetts Senate bill, introduced by Senator Cynthia Stone Creem and many co‑petitioners, and its text concerns prohibiting the sale/monetization of consumer location data. Other metadata supplied (a title about aggravated animal‑cruelty sentencing and a separate list of U.S. Senators as sponsors) appears to be from different bills and jurisdictions. This summary is based on the Massachusetts bill text titled “An Act to protect safety and privacy by stopping the sale of location data.”
Purpose
- To protect individual safety and privacy by prohibiting the commercial monetization (sale, rent, trade, lease, or other transfer for consideration) of precise location information derived from devices carried by persons in Massachusetts, and to establish rules for collection, consent, permitted uses, and disclosure of such location information.
Key provisions (from provided text)
- Definitions: establishes detailed definitions for terms including “application,” “collect,” “consent,” “covered entity,” “device,” “disclose,” “individual,” and critically “location information.”
- “Location information” is defined broadly to include GPS coordinates, cell‑site location information, IP addresses capable of revealing physical location, and other device‑derived or inferred location data that reveal street‑level location within a range of 1,850 feet or less. Excludes location solely from the visual content of a legally obtained image and publicly posted words.
- “Consent” is defined as freely given, specific, informed, unambiguous, opt‑in consent, and excludes consent obtained via manipulative or obscured disclosures.
- Prohibition on monetization: covered entities are barred from monetizing an individual’s location information (sale, rental, trade, lease or other transfers for consideration).
- Permissible purposes: limited list of lawful uses where collection/processing/disclosure is allowed without constituting monetization, including:
1. Provision of a product, service, or feature requested by the individual;
2. Initiation/management/execution of a financial or commercial transaction or order fulfillment (billing, shipping, delivery, storage, accounting);
3. Compliance with federal or state law; and
4. Response to emergency services, emergency alerts, 911 communications, or imminent threats to human life.
- Location Privacy Policy: requires covered entities to publish a policy describing collection, processing, storage, retention, and deletion practices for location information.
- Scope and exclusions: covered entities include commercial organizations and their agents; state/local government agencies and courts and individuals acting in purely non‑commercial contexts are excluded.
Who is affected
- Directly affected: app developers, device makers, data brokers, advertising networks, analytics firms, and other commercial entities that collect, process, or trade location data from devices used by Massachusetts residents.
- Beneficiaries: Massachusetts residents whose location data would be subject to stricter controls and opt‑in consent requirements.
- Indirectly affected: businesses relying on third‑party location data for marketing, analytics, or operational uses; emergency service providers where permitted uses apply.
Procedural status (from provided actions)
- Introduced in the Massachusetts Senate: January 2025 (filed Jan 13; introduced Jan 22).
- Referred to multiple committees in early stages (Consumer Protection & Professional Licensure; others listed).
- Passed the Senate: April 8, 2025; delivered to the House/Assembly and referred to the House Committee on Agriculture. Hearing(s) and committee reports are noted in the legislative history. (Records include multiple referrals and committee actions — see official legislature for final status.)
Notes and limits
- The provided text is truncated; provisions on compliance deadlines, enforcement mechanisms, penalties, private right of action, data‑security requirements, recordkeeping, and implementation details appear in later sections not included here. For enforcement specifics and the final legislative text, consult the official bill file and committee reports on the Massachusetts Legislature website.
Compiled from official sources — confirm details with the bill’s official record.
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