Bill
S 47
Mass. bill bans using on-premises biometric data to price or suggest items in grocery stores; permits voluntary identity checks at checkout; enables private 93A damages suit.
Note on discrepancies
- The submitted materials contain conflicting metadata. The Bill Number given is S 47 (and the bill text names Senator Michael O. Moore as the petitioner/author). Other supplied fields (title about electronic open auction public bond sale, sponsors Josh Hawley/Mark Walczyk, and various related bill numbers) appear inconsistent with the grocery‑store/privacy text. This summary focuses on the actual bill text provided (a proposed amendment to Chapter 94 addressing “surveillance pricing” in food stores and food departments).
Purpose and intent
- To prohibit grocery retailers from using biometric data collected on their premises to suggest products or change item prices based on an individual’s biometric characteristics — preventing “surveillance pricing” that discriminates or personalizes prices using biometric profiling.
Key provisions
- New Section 330 added to Chapter 94 of the Massachusetts General Laws.
- Definitions:
- “Biometric data”: data from automatic measurements of biological traits (e.g., fingerprint, voiceprint, retina/iris, gait, other unique biological patterns).
- Explicit exclusions: biometric data does not include digital/physical photographs, audio or video recordings, or data derived from those media.
- “Food store”: primary business selling food/grocery items for off‑premises consumption (supermarkets, convenience stores, etc.).
- “Food department”: any seller (not a food store) with a grocery section that sells 100+ different food items for off‑premises consumption.
- “Item”: distinct product with its own UPC/SKU (or otherwise distinguishable).
- “Operator”: owner of a food store or food department.
- Prohibition (Section 330(b)): Food stores and food departments may not directly or indirectly suggest items or adjust prices of any item based on biometric data collected on the premises.
- Narrow exception (Section 330(c)): Biometrics may be used when customers voluntarily verify their identity at point of sale (i.e., consenting, identity‑verification use allowed).
- Enforcement and remedies (Section 330(d)):
- A violation is deemed an unfair or deceptive act under Chapter 93A (Mass. Consumer Protection Act).
- A successful plaintiff may recover actual damages or $5,000, whichever is greater (subject to Chapter 93A’s procedures and limitations).
Who is affected
- Operators of food stores and food departments in Massachusetts as defined in the bill.
- Technology vendors and payment/checkout providers that supply biometric systems to such retailers.
- Consumers — gains in biometric privacy protections and a private right of action to seek damages under Chapter 93A.
- Retail practices such as personalized pricing or dynamic pricing schemes that would use on‑site biometric profiling.
Potential impacts and compliance considerations
- Retailers will need to ensure pricing algorithms and recommendation systems do not ingest or act on biometric measurements taken on premises.
- Businesses may need policy, signage, and technical controls governing biometric collection and the downstream use of any biometric-derived signals.
- Vendors offering biometric analytics for in‑store marketing or dynamic pricing would be restricted from selling/use of such outputs for price optimization.
- The Chapter 93A remedy creates a private enforcement vehicle that could increase consumer litigation risk.
Procedural status and timeline (as provided)
- Introduced: January 9, 2025.
- Referred to Committee(s): entries show referrals to Health, Education, Labor & Pensions; Advanced Information Technology, the Internet and Cybersecurity; and Local Government (records contain duplicates).
- Hearing: scheduled for April 9, 2025 (1:00 PM–5:00 PM, A‑1).
- Accompanied by a new draft: S.2515 (May 12, 2025).
- Status shown as: REFERRED TO LOCAL GOVERNMENT.
For precise legislative status, sponsors, and any amended language, consult the official Massachusetts Legislature docket and the most recent bill draft (S.47 and S.2515).
Compiled from official sources — confirm details with the bill’s official record.
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