June 26, 2023
Chair Cronin, Chair Chan, and Members of the Joint Committee on Consumer Protection and Professional Licensure:
My name is Jonathan Cohn, and I am the Policy Director of Progressive Massachusetts, a statewide grassroots advocacy group committed to fighting for an equitable, just, democratic, and sustainable Commonwealth.
We urge you to give a favorable report to H.357/S.148:An Act Protecting Reproductive Health Access, LGBTQ Lives, Religious Liberty, and Freedom of Movement by Banning the Sale of Cell Phone Location Information (“the Location Shield Act”), sponsored by Representative Kate Lipper-Garabedian and Senator Cynthia S. Creem.
The dissemination, marketization, and use of technology routinely occurs faster than our ability to appropriately govern it. We can see that clearly with the case of cell phone location data. Location data, a subset of the personal data collected via cell phones, reveals information about individuals’ interests, associations, and activities—a treasure trove for corporations looking to surveil and micro-target customer behavior. We have no laws to regulate or prohibit companies from abusing or profiting from such deeply sensitive information.
A just, equitable, and democratic society depends on the preservation of a sphere of personal autonomy. We cannot have freedom of religion if people’s attendance—or lack thereof—at houses of worship is being tracked. We cannot have reproductive freedom if information about people’s trips to abortion clinics is being tracked and sold via their phone. We cannot have true freedom for the LGBTQ community if information about people’s intimate relationships is being tracked and sold. If survivors of domestic violence are not able to visit a shelter without such information being tracked and sold, or individuals in recovery are not able to seek out a substance use clinic without that information being tracked or sold, then the foundations for well-being are being eroded.
The Location Shield Act provides commonsense protections to give ordinary people robust location data privacy. These rules strike the right balance by allowing the use of data for providing useful technologies like mapping services and weather forecasts while outlawing the abusive sale of our personal device location information. By implementing these commonsense regulations, we can ensure Massachusetts residents and visitors can make use of the latest technologies without compromising their fundamental rights.
As no regulatory framework yet exists, Massachusetts has a real opportunity to be a leader, protecting the cherished privacy rights of residents of the Commonwealth while continuing our state’s track record of advancing forward-thinking policy that expands to other states and to the country as a whole.
Sincerely,
Jonathan Cohn
Policy Director
Progressive Massachusetts
