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Massachusetts bans sale of precise location data in new privacy rights bill

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Re: Massachusetts bans sale of precise location data in new privacy rights bill

#43

Feels like the word 'sale' may actually turn into a loophole. It should have probably been worded to use 'exchange' or 'transfer' instead. But this is progress.

https://malegislature.gov/Bills/194/S2619/BillHistory

SECTION 1. The General Laws are hereby amended by inserting after chapter 93L the following chapter:-

Chapter 93M. Massachusetts Data Privacy Act

Section 1. As used in this chapter, the following words shall have the following meanings unless the context otherwise requires:

...

“Sale of personal data”, the transfer of personal data in exchange for monetary or other valuable consideration by the controller to a third party; provided, however, that “sale of personal data” shall not include: (i) the disclosure of personal data to a processor that processes the personal data on behalf of the controller if limited to the purposes of the processing; (ii) the disclosure of personal data to a third party for purposes of providing a product or service affirmatively requested by the consumer; (iii) the disclosure or transfer of personal data to an affiliate of the controller; (iv) the disclosure of personal data with the consumer’s affirmative consent, where the consumer affirmatively directs the controller to disclose the personal data or intentionally uses the controller to interact with a third party; (v) the disclosure or transfer of personal data to a third party as an asset that is part of a merger, acquisition, bankruptcy or other transaction or a proposed merger, acquisition, bankruptcy or other transaction, in which the third party assumes control of all or part of the controller’s assets; or (vi) the disclosure of personal data that the consumer: (A) intentionally made available to the general public via a channel of mass media; and (B) did not restrict to a specific audience.

Re: Massachusetts bans sale of precise location data in new privacy rights bill

#45

Massachusetts allows the use of Cellebrite software. In which case "precise location data" is moot.

Sure, if the cops seize your phone from you and try to suck out its data, then they clearly already know your precise location. But in some situations you would've been able to avoid getting your phone sucked out by the cops if they hadn't been able to purchase precise location data about where you were in the hours/days/weeks leading up to that.

Re: Massachusetts bans sale of precise location data in new privacy rights bill

#47

Earlier quoted context omitted.

I've been driving connected cars for a decade and I haven't felt sold out yet. What am I missing?

Your driving habits, and everyone around you are impacting car insurance for example.

This is not straightforwardly true. Many people say that Toyota sells their data to insurance companies, but they do not unless you *affirmatively* opt in.

If you read the lawsuits and allegations carefully, they all say that they were tricked into opting in (NOT that they weren't opted in). If you review the setup process you see that the claim is outlandish and likely someone else did setup for them or they "forgot."

Toyota makes you affirmatively click a "yes" or "no" (or maybe it says "Accept" / "Reject" or whatever) for Insurance sharing when setting up a profile.

Re: Massachusetts bans sale of precise location data in new privacy rights bill

#50

still waiting for any of the many existing privacy bills, worldwide, to start doing meaningful enforcement.

We need private right of action. That's the big thing holding up the sweeping Mass privacy law. The house supports a private right to action and the senate only wants the attorney general enforcing the law.

Indeed, and I think possession of the information should be what's actionable.
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