WESTFORD – The following press release was shared by the office of Rep. James Arciero for publication.
Representative James Arciero along with the Massachusetts House of Representatives unanimously passed legislation to protect the privacy of individuals seeking reproductive and gender affirming care in Massachusetts by prohibiting the sale of cellphone data collected during such health care visits to medical facilities offering these services.
“In an era of greater access to electronic information, it is imperative we protect individuals and families seeking medical care by ensuring their information remains private and between the patient and provider. Everyone should be able to access and seek medical care without fear of harassment or retribution.” said Arciero, who was a co-sponsor of the original Location Shield Act upon which this legislation is based.
Currently, data brokers can sell location data of cellphone users. Following the Supreme Court’s Dobbs decision, which overturned Roe v. Wade, news outlets reported location data firms were selling location information related to patients’ visits to Planned Parenthood facilities, which could then be used to target and harass those individuals and providers.
The bill seeks to protect the privacy of patients by prohibiting companies from collecting and processing an individual’s reproductive or gender affirming care location information unless it’s for a permissible purpose, such as a response to an emergency service agency, or if the individual was provided with a location privacy policy and subsequently granted consent to such policy. The Attorney General may issue regulations related to this law, such as location privacy policies and consent, and have the authority to enforce it under Chapter 93A.
Although abortion remains legal in Massachusetts due to the passage of the Roe Act, An Act to Remove Obstacles and Expand Abortion Access in 2020, which codified and expanded access to reproductive rights, the Legislature took additional action in 2022 to further protect those rights and established additional safeguards following the U.S. Supreme Court’s decision to overturn 1973 Roe v. Wade decision. The Roe Act, Chapter 127 of the Acts of 2022, was comprehensive legislation to provide legal protections to abortion providers, out-of-state patients, and insurers; to expand access to contraceptives; and to help ensure that women who face grave circumstances after 24 weeks of pregnancy are not forced to leave Massachusetts to access reproductive health care services.
“Massachusetts has always led the way in affirming the right to reproductive and gender affirming health care. This bill will ensure those seeking these services are not tracked by
individuals and organizations who may not have their best interests at heart. Thank you to Speaker Ronald Mariano, Representative Aaron Michlewitz, Chair of the House Ways and Means Committee, and all the members of the House of Representatives for recognizing the need to lead on this issue and protect everyone in our state and those who travel here. We can never let personal medical decisions be used as a political weapon against individuals and families.” concluded Arciero.
Having passed the House of Representatives by a vote of 159-0, House Bill 4844: An Act providing protections for reproductive or gender-affirming care location information now goes to the State Senate for its consideration.
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