Massachusetts

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Keypoint: Massachusetts’ highest court ruled the use of software that tracks users’ activity on its website does not violate the state’s Wiretap Act, which was intended to prevent the recording or interception of communications between two or more persons.

On October 24, the Massachusetts Supreme Judicial Court held the state’s wiretapping act did not apply to the collection of users’ browsing activities on websites. In Vita v. New England Baptist, Massachusetts’ highest State Court held in a 5-1 decision that although the law did not define “communication,” it nevertheless was limited to communications between individuals and did not extend to cover a user’s browsing on a website. This decision, which is limited to the Massachusetts Wiretap Act, establishes that website operators can use tracking tools like Meta Pixel and Google Analytics to gather users’ browsing data without their consent, highlighting the limitations of the decades-old surveillance laws in addressing modern privacy concerns. Notably, several California courts have reached opposite conclusions under the corresponding California wiretapping laws (commonly known as CIPA Section 631(a)).

In the below article, we provide an overview and analysis of the Massachusetts Supreme Judicial Court ruling and the potential impact on the wave of privacy litigation ongoing in California Courts.

Keypoint: This week the Colorado legislature passed the Colorado Privacy Act.

Below is our sixteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we need to make a few announcements.

This will be our last weekly update – for now. With the legislatures in so many states having adjourned for the year and the bills in the remaining states not moving forward, we will be pausing our weekly updates. Rest assured, we will be back when things heat up again.

Even though we are pausing our weekly updates, we are not slowing down our work on state consumer privacy legislation.

On June 15, we will be hosting a webinar on the Colorado Privacy Act. Click here to register.

Starting Monday, June 21, we will be releasing a limited podcast series with interviews of state lawmakers who spearheaded privacy legislation in 2021. If you want to know the inside story on how these bills are drafted and lobbied, you will not want to miss these interviews.

Finally, if you are not already subscribed to our blog, consider doing so to stay updated.

Keypoint: This week the Colorado legislature continued to advance the Colorado Privacy Act, and the Nevada Governor signed into law a bill that will broaden the state’s pre-existing right to opt out of sales as of October 1, 2021.

Below is our fifteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.

First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.

Keypoint: This week the Colorado Senate passed the Colorado Privacy Act, the Nevada legislature passed a bill to broaden the state’s pre-existing right to opt out of sales, and the New York Privacy Act advanced to a third reading in the Senate.

Below is our fourteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.

First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.

Keypoint: This week the Connecticut Senate Appropriations Committee and New York Consumer Protection Committee passed their bills, and the Nevada Assembly passed its bill, which would broaden Nevada’s pre-existing right to opt out of sales.

Below is our thirteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.

First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.

Keypoint: This week the Colorado Privacy Act passed out of the Senate Appropriations Committee, Alaska’s House Labor and Commerce Committee held another hearing on its bill, Connecticut’s bill was sent to the Senate Appropriations Committee, Nevada’s Assembly Committee on Commerce and Labor passed its bill, and the New York Privacy Act was reintroduced.

Below is our twelfth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.

First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.

Keypoint: This week an amended version of the Colorado Privacy Act unanimously passed out of committee, Alaska’s House held another hearing on its bill (and scheduled another hearing for May 12), Connecticut’s bill was tabled for the Senate calendar, and Nevada’s Assembly Committee on Commerce and Labor scheduled a May 10 hearing on its bill.

Below is our eleventh weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.

First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.

Keypoint: This week Florida came close to passing a bill before it died on the final day of the legislative session; committees in Colorado and Alaska scheduled hearings on their bills for May 5; and the Connecticut bill was referred to the Senate Committee on Judiciary.

Below is our tenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.

First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.

Keypoint: There were a number of developments this week: Florida’s House passed HB 969, the Washington Privacy Act officially died, Alaska’s HB 159 received a public hearing, and the Arizona legislature closed without passing its bill.

Below is our ninth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.

First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.

Keypoint: This week Florida’s two bills continued to progress, the Washington Privacy Act failed to pass out of the House at the deadline (but the bill sponsor says it is still alive), new bills were introduced in Pennsylvania and North Carolina, and Maryland’s bill died.

Below is our eighth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.

First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.