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Massachusetts Proposes “Location Shield Act” to Prohibit Sale of Cell Phone Location Data

by Sneha Singh
July 12, 2023
in Tech
Reading Time: 3 mins read
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Location Shield Act
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A new law proposed in Massachusetts aims to significantly impact the data brokerage industry by prohibiting the sale of cellular location data. If this bill is passed, it would be incredibly beneficial. Fortunately, the Location Shield Act would make it illegal to “sell, lease, trade, or rent location data” throughout Massachusetts. Additionally, companies must obtain consent if they wish to collect or process such data. Failure to comply with these regulations could result in legal action from the Massachusetts Attorney General’s office and open companies up to class-action lawsuits. If passed, this legislation would be the first of its kind in the country.

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Data brokers can sell your cellular location data to anyone they choose. While these companies claim that the data is anonymized, it can be easily re-identified. The data brokerage industry operates without much regulation, allowing various unsavory individuals and organizations to purchase American data freely. This includes our intelligence agencies, hostile foreign governments, and random individuals with ill intentions.

Safeguarding Data Privacy and Access to Abortion Services with Location Shield Act

The recent overturning of Roe v. Wade by the Supreme Court has prompted the introduction of a new law. This development has placed a renewed emphasis on data privacy for women. Concerns have been raised by rights advocates who fear that various forms of digital evidence, including the types addressed by the Shield Act, could potentially be used to prosecute women for violating abortion laws. Consequently, several rights groups, such as the ACLU and Planned Parenthood, have advocated for implementing the Shield Act. They view it as a means to safeguard individuals seeking abortions from potential prosecution if they travel to Massachusetts for the procedure. Massachusetts is considered safer for women from other states who may travel there for abortion services.

Massachusetts Proposes "Location Shield Act" to Prohibit Sale of Cell Phone Location Data
Credits: Gizmodo

The ACLU highlights the issue: “Every day, unregulated data brokers buy and sell personal location data from apps on our cellphones, revealing where we live, work, play, and more. To protect our privacy, safety, access to abortion and other essential health care, Massachusetts needs to ban this practice now by passing the Location Shield Act.”

A recent report from Fast Company suggests that a bill currently being supported by the predominantly Democrat-led legislature in the state has a high chance of becoming law. If this bill is passed, it could establish a precedent in legislation that might influence other parts of the country. Approval of the law will establish a legal precedent that may influence legislation in numerous other regions across the country.

Enhancing Privacy Protections for Reproductive Health Access

The Location Shield Act is a proposed law that safeguards important aspects of people’s lives. One area it seeks to protect is reproductive health access. With the recent decision by the Supreme Court to overturn Roe v. Wade, there are concerns that women’s movements could be tracked and used against them if they seek abortion services. This act would enhance privacy protections and make it harder for law enforcement to monitor their whereabouts.

Another area where the Location Shield Act could benefit is safeguarding the rights of LGBTQ+ individuals and religious minorities. Location data can be misused to target and discriminate against these communities. For example, a company selling location data to a hate group could exploit it to locate and harm LGBTQ+ people or religious minorities. The Location Shield Act would provide safeguards to prevent such discrimination and harassment from happening. This new law is a way to protect the privacy and well-being of individuals by limiting the misuse of location and to make sure that the movement of any individual is not used against then in harmful ways.

Tags: Cell Phone Location DataLocation Shield ActMassachusetts lawprivacy concerns
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Sneha Singh

Sneha is a skilled writer with a passion for uncovering the latest stories and breaking news. She has written for a variety of publications, covering topics ranging from politics and business to entertainment and sports.

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