In Massachusetts, the right of privacy and the concept of a reasonable expectation of privacy are recognized and protected under both state constitutional law and statutory provisions.
Right of Privacy in Massachusetts
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The Massachusetts Privacy Act (MGL c. 214, sec. 1B) explicitly provides that an individual has a right against unreasonable, substantial, or serious interference with his privacy. This law protects individuals from unlawful intrusions into their private affairs, unauthorized disclosure of private information, false light publicity, and appropriation of name for personal gain.
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For example, employers in Massachusetts cannot require disclosure of intimate or personal information such as age, religion, gender, or sexual orientation during hiring, nor can they disclose such information to others.
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Privacy rights also extend to protection against unauthorized video surveillance. Individuals generally have a reasonable expectation of privacy within their residence, but this expectation is limited in shared spaces such as condominium common areas (e.g., hallways).
Reasonable Expectation of Privacy
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The Massachusetts Supreme Judicial Court (SJC) has held that individuals have a reasonable expectation of privacy in certain types of personal data, such as cell site location information (CSLI) stored by cellular service providers. This expectation is recognized under Article 14 of the Massachusetts Declaration of Rights, which provides greater privacy protection than the federal Fourth Amendment in some contexts.
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Specifically, the SJC ruled that the government must obtain a search warrant based on probable cause before accessing historical CSLI from cellular providers, reflecting a strong privacy protection for location data in Massachusetts.
Recent Legislative Developments
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In 2025, Massachusetts introduced the Massachusetts Data Privacy Act (S 2516), a comprehensive privacy bill that expands protections for personal data, including sensitive data like geolocation and biometric information. This bill imposes obligations on businesses and data brokers, requires transparency through privacy policies, and prohibits targeted advertising to minors.
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The bill also establishes a private right of action, allowing individuals to seek legal remedies for violations of their data privacy rights.
Summary Table
| Aspect | Description |
|---|---|
| Right of Privacy | Protected under Massachusetts Privacy Act; protects against unreasonable interference and disclosure of private information |
| Reasonable Expectation of Privacy | Recognized by SJC for personal data like CSLI; requires probable cause and warrant for government access |
| Privacy in Residence | Strong expectation of privacy inside home; limited in shared condominium common areas |
| Recent Legislation | Massachusetts Data Privacy Act (2025) expands data privacy protections and creates private right of action |
In conclusion, Massachusetts law provides robust protections for privacy rights and recognizes a reasonable expectation of privacy in personal data and private spaces, with ongoing legislative efforts to strengthen these protections further.
🔴 Immediate Actions (Today or ASAP)
- Identify Your Privacy Concern: Clearly define what privacy issue you are facing (e.g., unauthorized disclosure of personal info, unlawful surveillance, data misuse).
- Document Everything: Gather all related documents, communications, photos, videos, or evidence showing the privacy violation or intrusion.
- Secure Your Data and Devices: Change passwords, update privacy settings on devices and accounts, and limit sharing of sensitive information immediately.
- Avoid Confrontation: Do not engage in arguments with the party violating your privacy; instead, keep records of all interactions.
🟡 Short-Term Steps (This Week)
- Write a Formal Complaint: Draft a clear, polite letter or email to the party responsible for the privacy violation, requesting them to stop and remedy the issue. Example:
"I am writing to formally request that you cease unauthorized use or disclosure of my personal information as it violates my rights under the Massachusetts Privacy Act. Please confirm in writing that you have complied." - File a Complaint with Relevant Authorities: If the issue involves a business or employer, contact the Massachusetts Attorney General’s Consumer Protection Division or the Massachusetts Commission Against Discrimination if discrimination is involved.
- Consult Your Privacy Policies: Review any privacy policies or agreements related to the entity involved to understand your rights and their obligations.
- Keep a Log: Maintain a detailed log of all events, communications, and responses related to your privacy concern.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Consider Legal Action: If the violation continues or causes harm, consult a lawyer about your rights under the Massachusetts Privacy Act and the new Massachusetts Data Privacy Act (2025), including your right to sue for damages.
- Request a Warrant Requirement (if Government Involved): If the government seeks your personal data like location info, ensure they obtain a warrant based on probable cause as required by Massachusetts law.
- Stay Updated on Privacy Laws: Follow legislative changes and new protections under Massachusetts law to better protect your privacy going forward.
- Explore Mediation or Alternative Dispute Resolution: Sometimes privacy disputes can be resolved outside court through mediation.
Your Legal Rights
- Right to Privacy: Under the Massachusetts Privacy Act, you have the right to be free from unreasonable, substantial, or serious interference with your privacy.
- Protection Against Unauthorized Disclosure: Your personal information cannot be disclosed without your consent, especially sensitive information like age, religion, gender, or sexual orientation.
- Reasonable Expectation of Privacy: You have a strong privacy right inside your home and for personal data like cell phone location info, which requires government warrants for access.
- Right to Legal Remedies: The Massachusetts Data Privacy Act (2025) gives you the right to sue for violations of your data privacy rights.
Where to Get Help
- Massachusetts Attorney General’s Office: Consumer Protection Division – file complaints about privacy violations or unfair business practices.
Website: https://www.mass.gov/orgs/office-of-attorney-general-maura-healey - Massachusetts Commission Against Discrimination (MCAD): For privacy issues involving discrimination.
Website: https://www.mass.gov/orgs/massachusetts-commission-against-discrimination - Legal Aid Organizations: Such as Greater Boston Legal Services or Massachusetts Legal Assistance Corporation for free or low-cost legal help.
Website: https://www.masslegalhelp.org/ - Privacy Rights Organizations: Contact groups like the Electronic Frontier Foundation for guidance on digital privacy.
Website: https://www.eff.org/ - Local Police or Emergency Services: If you feel your safety is at risk due to privacy violations, call 911 immediately.
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