Data privacy bill would strengthen protections for reproductive health data, abortion patients and providers 

The Massachusetts Data Privacy Act includes provisions of the Location Shield Act, a priority bill of the Planned Parenthood Advocacy Fund of Massachusetts, which would ban the sale of cellphone location data   

BOSTON – An omnibus bill released today by the Joint Committee on Advanced Information Technology, the Internet and Cybersecurity would strengthen data privacy in the Commonwealth, particularly for patients and providers of sexual and reproductive health care. The bill includes several measures that would strengthen health data privacy and provisions of the Location Shield Act that bans the sale of cellphone location data.   

"Every person should be able to seek sexual and reproductive health care without fear that their location, online searches, health appointments, or personal health data could be accessed, purchased, or used by those trying to criminalize that care. We are grateful to Committee Chairs Tricia Farley-Bouvier and Senator Michael Moore for prioritizing sexual and reproductive health care providers and patients in this comprehensive data privacy legislation,” said Sheila Ramirez, Director of Public Affairs for the Planned Parenthood Advocacy Fund of Massachusetts. “We know that purchasing location data to target Planned Parenthood patients or providers is part of the anti-abortion playbook, not just in restrictive states but everywhere. By passing the Massachusetts Data Privacy Act, we can prevent people's health or location data from being used to target them, and we can give patients greater confidence that their medical decisions will remain safely between them and their doctor.”  

The bill would: 

• Ban the sale of cellphone location data, by incorporating provisions known as the Location Shield Act; 
• Protect sensitive data that is currently collected by apps and websites about an individual’s reproductive health, use or purchase of contraceptives, and birth control;  
• Further protect data that reveals calendar information, including health care appointments in an online calendar; 
• Further protect data that reveals an individual’s online activities across third-party websites or online services, including online searches related to health care; and 
• Protect people from discrimination based on information revealed by their personal data, such as whether a person is pregnant. 

Earlier this year, a report from U.S. Senator Ron Wyden (D-OR) revealed that a data broker company allegedly tracked people’s visits to nearly 600 Planned Parenthood locations across 48 states, including Massachusetts, and provided that data to inform one of the nation’s largest anti-abortion ad campaigns. These ad campaigns target patients who have visited Planned Parenthood in the past, as well as vulnerable populations who may be less aware of and connected to quality health care. 

In June 2023, the ACLU, Reproductive Equity Now, and the Planned Parenthood Advocacy Fund of Massachusetts launched “Your Location: It’s None of Their Business,” a campaign calling on lawmakers to ban the sale of cell phone location data. The campaign is supported by over 40 organizations, including AFL-CIO, Anti-Defamation League New England, Jane Doe Inc., TransHealth, and more. Recently, Massachusetts Attorney General Andrea Joy Campbell joined the call to ban the sale of cellphone location data in Massachusetts.