The Massachusetts Information Privacy and Security Act (MIPSA) continues to advance through the state legislative process, and is now before the full legislature. While the Act has several hurdles to clear before becoming law, its notable for two reasons. First, the comprehensive nature of the MIPSA exemplifies the direction state data protection laws are heading in the absence of a comprehensive federal consumer data protection law. Second, given the borderless nature of e-commerce, the most robust state consumer data protection law will likely become the de facto national consumer data protection law, and the MIPSA may take that title. This post highlights significant portions of the current version of the Act.
The MIPSA protects the personal information of Massachusetts residents.
The Act applies to an entity that has annual global gross revenue in excess of 25 million dollars; determines the purposes and means of processing of the personal information of not less than 100,000 individuals; or is a data broker. In addition, the entity conducts business in the state, or if not physically present in the state, processes personal information in the context of offering of goods or services targeted at state residents or monitors the in-state behavior of residents. Where an entity does not otherwise meet these criteria, it may voluntarily certify to the state Attorney General that it is in compliance with and agrees to be bound...
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