By Mr. Petersen of Marblehead, petition (accompanied by bill, House, No. 3818) of Douglas W. Petersen and others for an investigation by a special commission (including members of the General Court) relative to the protection of privacy in the collection, storage, use and release of personal information and other related matters. Consumer Protection and Professional Licensure.

The Commonwealth of Massachusetts

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PETITION OF:

Douglas W. Petersen

David Paul Linsky

Gale D. Candaras

Thomas M. McGee

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In the Year Two Thousand and Seven.

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An Act relative to Massachusetts privacy act of 2007.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Whereas, The citizens of the Commonwealth have a right to expect that their personal privacy will be protected; and

Whereas, There has been considerable growth of information technologies and an increasing collection and transfer of personally identifying information within and between the public and

private sector; and

Whereas, Said personally identifying information is increasingly collected and transferred within and between the public and private sectors without the knowledge or express permission of

Massachusetts’ citizens; and

Whereas, Said collection and transfer of personally identifying information violates Massachusetts citizens privacy protections; and

Whereas, Said information can be used for purposes that adversely affect the health and welfare of Massachusetts citizens.

SECTION 2. There shall be established a Special Commission on Privacy Concerns which shall convene no later than 6 months following the passage of this act. Said Commission shall consist

of the following members:—

1. Secretary of State or his/her designee.

2. One representative from each of the following:—

(a) Massachusetts Software Council (b) Massachusetts Telecommunications Council

(c) Association for Computing Machinery

(d) Massachusetts High Technology Council

(e) Massachusetts Bar Association

(f) Massachusetts Hospital Association

(g) National Lawyers Guild

(h) Massachusetts Civil Liberties Association

(i) Department of Education

(j) Department of Human Services and Elderly Affairs

(k) Massachusetts Public Information Research Group

(l) Association of Health Management Organizations

(m) Massachusetts Library Association

(n) Office of Consumer Affairs of Massachusetts Attorney

General

(o) Massachusetts Senate

(p) Massachusetts House of Representatives

(q) Board of Registration of Medicine (medical ethicist)

(r) Computer Professionals for Social Responsibility

(s) Massachusetts Supreme Judicial Court

(t) Associated Industries of Massachusetts

SECTION 3. The Special Commission will investigate issues of privacy related to the public and private sector collection, storage, usage and release of personally identifying information and/or

information that potentially can be associated (“tagged”) when combined with other information to individual identities of Massachusetts citizens.

The special Commission shall investigate, but not be limited to the following issues:—

1. Information sources rights and control over secondary uses of collected information.

2. Balancing of freedom of information, public right to know, personal privacy in the context of promising the social welfare.

3. Technical standards for the handling and processing of personally identifying information in the public and private sectors as it relates to confidentiality and privacy concerns.

4. Need for policies, regulations and/or laws governing state and municipal governments sharing of data with each other and/or the private sector as it relates to privacy protection. Identification of secondary uses of collected information within and between said entities.

5. The extent to which current consumer protection laws do and/or can protect the privacy of Massachusetts citizens. Recommended changes in state law and recommended changes in federal

law that would enhance the privacy protections of Massachusetts citizens.

6. Recommendations for future monitoring of state and municipal government, other public sector and private sector regulations and/or operations that affect privacy and/or confidentiality protections for Massachusetts citizens.

7. Recommendations for state actions as they relate to implementation of federal law related to critical infrastructure protection from “cyber threats”, defined as threats of electronic radio-frequency, or computer based attacks on the information or communications components that control critical infrastructures.

SECTION 4. Said special commission shall issue its report and recommendations one year following convening of said commission. A copy of said report shall be forwarded forthwith to the clerk of the house of representatives and the clerk of the senate.