One critical question around pending data privacy rules is how to enforce them

Attorney General Andrea Campbell, like her predecessor Maura Healey, often calls herself “the people’s lawyer.”

But when it comes to enforcing new rules around data privacy, lawmakers are grappling with the question of whether to leave it all to the AG or give the people an option to call in their own lawyer. 

The data privacy legislation that a conference committee has been negotiating for about a month would give Campbell’s office enforcement powers, letting her go after a company that, say, improperly sells someone’s health or location data. 

The House version of the bill also includes a private right of action that would let residents file their own lawsuits against big tech companies (or “large data holders,” in the parlance of the bill). That additional enforcement lever is a thorny issue, as conferees hear from privacy advocates who call it crucial and business groups who say it’s the wrong way to go. 

Kade Crockford, director of technology and justice programs at ACLU of Massachusetts, says the private right of action is critical because the Campbell’s office won’t be able to take all violators to court, the same way the AG’s office might not prioritize suing a dealership that misled someone into thinking a run-down car was new and in good shape. Supporters of the private right of action says it makes the law meaningful by encouraging compliance and giving consumers a pathway if their rights are violated.

“The question is are we going to pass a privacy law that the biggest privacy violators in the world feel compelled to obey, or are we going to pass a privacy law that they feel free to ignore?” Crockford said.

Civil rights and consumer groups have been pressing for personal data privacy protections for a few years now. Lawmakers have also been hearing along the way from the tech industry, recommending that Massachusetts mirror the approach taken by other states — and leave it in the hands of the AG. 

At an April 2025 hearing, legislators heard from Andrew Kingman, representing the State Privacy and Security Coalition. Kingman, the subject of a 2024 Politico profile that dubbed him "the man quietly rewriting American privacy law" and described lobbying campaigns that rely on local businesses to reach lawmakers, told committee members that no other state has a comprehensive privacy law with a private right of action.

“What we are seeing is states with attorney general enforcement staff up their offices to have their own data privacy units or to bring on data privacy attorneys to help with that enforcement,” Kingman said. “And we're seeing that pay off with consumer education of the rights that consumers have, of the obligations that are expected of businesses, and in enforcement actions that those offices are taking.”

Crockford calls the House language a compromise — for advocates who had wanted a broader private right of action and those who had raised small business concerns. 

Now the question becomes how the House will compromise with the Senate. 

Thanks to everyone who wrote in with guesses for yesterday’s trivia question! Paul B. correctly named Seekonk Rep. Steven Howitt as the lawmaker who'd appeared in a few movies and the Showtime drama "Brotherhood," but no one picked out Westfield Rep. Kelly Pease as the former child actor with 91 TV commercials in his credits. 

Dan B. pointed out another on-screen moment I’d missed: Rep. Tackey Chan of Quincy portraying a shampoo executive in a WWE segment. And an honorable mention goes to Wally M. for thinking of former Rep. Nick Paleologos, a Tony Award-winning producer. Send your favorite legislator fun facts to [email protected].

10:00 | Gov. Healey attends the Beverly Council on Aging’s annual Senior Day in the Park as part of a day of reelection campaign events | Lynch Park, 55 Ober St., Beverly

11:00 | Senate meets in an informal session | Senate Chamber

11:00 | House meets in an informal session | House Chamber

1:15 | Gov. Healey joins members of Lawrence’s Latino community for a roundtable discussion held as part of a reelection campaign event. Campaign says other participants include Lt. Gov. Driscoll and Latinos con Maura. Press availability at 2:10 p.m | Contact [email protected] for location

2:30 | Gov. Healey stops by Sueños Basketball, a Lawrence-based nonprofit program that mentors young people, to meet attendees and join the group for a facility tour | Sueños Basketball, 2 Linden St., Lawrence

3:00 | Community Behavioral Health Promotion and Prevention Commission meets | Agenda and Access

4:00 | DCR Stewardship Council's Policy Committee meets, with a resource management plan update and a discussion of rodenticide use on DCR land | Agenda and Access

6:00 | Suffolk district attorney candidates Linda Champion, incumbent Kevin Hayden and Rachael Rollins debate in a forum hosted by Communities of Color Coalition, The Black Agenda Coalition, and the Bay State Banner | Hibernian Hall, 184 Dudley St., Roxbury

6:30 | MassDOT holds a public meeting on removing the William Reid Overpass in Cambridge | Morse School, 40 Granite St., Cambridge | More Info

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