Section 524. Privileged Matter Disclosed Erroneously or Without Opportunity to Claim Privilege

A claim of privilege is not defeated by a disclosure erroneously made without an opportunity to claim the privilege.

NOTE

This section is derived from Commonwealth v. Neumyer, 432 Mass. 23, 35–36, 731 N.E.2d 1053, 1062 (2000) (no waiver where record holder unaware of probable cause hearing and victim “was hardly in a position to be aware of her rights”). See also Commonwealth v. Dwyer, 448 Mass. 122, 145–146, 859 N.E.2d 400, 418–419 (2006).