Data brokers required to register and post notices under new OCABR guidelines

Massachusetts lawmakers have introduced House Bill 104, a significant piece of legislation aimed at enhancing consumer privacy and transparency in the data brokerage industry. Introduced on March 24, 2025, the bill seeks to regulate data brokers—entities that collect and sell personal information—by establishing a framework for registration and consumer notification.

The primary purpose of House Bill 104 is to ensure that individuals are aware when their data is being collected and sold. Key provisions include a requirement for data brokers to display a clear and accessible notice on their websites or mobile applications, informing users of their status as data brokers and providing a link to a state-run data broker registry. This notice must also be designed to be usable by individuals with disabilities, reflecting a commitment to inclusivity.

Additionally, the bill mandates that data brokers register annually with the Office of Consumer Affairs and Business Regulation (OCABR) by January 31 each year. Registration involves a $100 fee and requires brokers to provide essential information, including their legal name, contact details, and a description of the types of data they handle. This move is expected to create a more accountable environment for data brokers and empower consumers with knowledge about their data rights.

The introduction of House Bill 104 has sparked discussions among lawmakers and privacy advocates. Proponents argue that the bill is a crucial step toward protecting consumer rights in an increasingly digital world, where personal data is often exploited without individuals' consent. Critics, however, express concerns about the potential burden on small data brokers and the effectiveness of the proposed regulations in truly safeguarding consumer privacy.

The implications of this legislation are far-reaching. If passed, it could set a precedent for other states to follow, potentially leading to a nationwide shift in how data brokers operate. Experts suggest that increased transparency could foster greater consumer trust in digital platforms, while also encouraging data brokers to adopt more ethical practices.

As Massachusetts moves forward with House Bill 104, the focus will be on balancing the interests of consumers and businesses in the evolving landscape of data privacy. The bill's progress will be closely monitored, as its outcomes could significantly influence the future of data regulation across the United States.