Massachusetts case law on invasion of privacy involving security cameras includes notable decisions that clarify the limits of surveillance and the protections afforded under the Massachusetts Declaration of Rights and the U.S. Constitution.

One key case is Polay v. McMahon (2014), where the Supreme Judicial Court (SJC) addressed a private dispute involving video cameras. In this case, McMahon installed several video cameras on his property pointed continuously at the plaintiffs' home, including cameras that could see through their windows. The plaintiffs alleged that this surveillance caused them extreme emotional distress and was intended to drive them out of the neighborhood. The court recognized that expectations of privacy are highest inside one's home and found that such continuous and intrusive surveillance could constitute an invasion of privacy.

Another important case is Commonwealth v. Mora (2020), where the SJC ruled that warrantless, persistent surveillance of a home using pole cameras violates the Massachusetts State Constitution. The police had installed cameras on public poles that recorded all activity at the defendants' residences for extended periods (169 and 62 days). The court held that such long-term surveillance constitutes a search requiring a warrant, emphasizing that privacy rights do not depend on physical barriers like fences. This case highlights the constitutional protections against government surveillance using cameras in public spaces when the surveillance is persistent and targeted at private homes.

Additionally, the SJC has addressed related issues of surveillance technology in Commonwealth v. McCarthy (2020), where the court discussed the use of automated license plate readers (ALPR). The court indicated that while limited use of cameras in fixed locations may not trigger constitutional protections, extensive use of cameras collecting location data over time could invade reasonable expectations of privacy and require a warrant.

In summary:

These cases collectively establish that in Massachusetts, both private and government use of security cameras that intrude on the privacy of a home or conduct persistent surveillance require careful constitutional scrutiny, often necessitating a warrant to protect privacy rights.