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Laws Regulating PII

Dave Hoffman

Dave Hoffman is a James E. Beasley Professor of Law at Temple Law School. He specializes in law and psychology, contracts, and quantitative analysis of civil procedure. He currently teaches contracts, civil procedure, corporations, and law and economics.

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3 Responses

  1. From Massachusetts … see MGL c. 93H, s. 1, et seq., and the implementing regulations, 201 CMR 17.00, et. seq.

    http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93h
    http://www.mass.gov/ocabr/docs/idtheft/201cmr1700reg.pdf

    There is also a generic right to privacy statute, MGL c. 214, s 1B, which has been considered in ways arguably relevant to your question. See, e.g., Ayash v. Dana-Farber Cancer Inst., 443 Mass. 367, 384 (2005) (suggesting that disclosure of peer review information might be interpreted as violative if doctor were not a public figure); Cort v. Bristol-Myers Co., 385 Mass. 300, 306-07 (1982) (dicta: “if the questionnaire sought to obtain information in circumstances that constituted an ‘unreasonable, substantial or serious interference with his privacy’ in violation of the principles expressed in G.L. c. 214, s 1B, the discharge of an employee for failure to provide such information could contravene public policy and warrant the imposition of liability on the employer for the discharge”) http://www.malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter214/Section1B

    Although more limited, Mass. has a public records law (a FOIA parallel), which has some exceptions for some personal information of public employees and gun owners. See MGL c. 4, ss. 7(26)(c), 26(j), (o) and (p)

    http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleI/Chapter4/Section7

  2. Sasha says:

    Yes, thank you AndyK. MD already has a similar law, and I believe CA and IL are also trying to get bills passed.

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