On February 2, 2022, the Joint Committee on Advanced Information Technology, the Internet and Cybersecurity advanced an amended comprehensive data privacy bill, the Massachusetts Information Privacy and Security Act, introduced as S.46 by Senator Creem and as H.142 by Representative Vargas.
The Joint Committee had been considering the bill since March 2021, weighing public input following a virtual hearing in October 2021. The bill will now make its way through the Massachusetts Statehouse, including through additional committees and both Senate and House before reaching Governor Baker’s desk for signature. If enacted, the proposed law could reshape how businesses interact with Massachusetts consumers, increase the cost and complexity of privacy design and compliance, expand the Massachusetts Attorney General’s enforcement powers, and expose companies to new and significant litigation risks.
The proposed Massachusetts Information Privacy and Security Act (MIPSA) (S.2687) draws on predecessor laws from Europe, California, and Illinois, and is similar to the recently enacted California Privacy Rights Act, Virginia Consumer Data Protection Act, and the Colorado Privacy Act, although there are some notable differences. MIPSA would take effect 18 months after enacted and, even as amended, contains sweeping privacy provisions that would make the Commonwealth a national leader in the regulation of data privacy...
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