Guide to Evidence  Section 526. Unemployment hearing privilege

(a) Statutory bar on the use of information from unemployment hearing

Subject to the exceptions listed in Subsection (b), information secured during an unemployment hearing is absolutely privileged, is not public record, and is not admissible in any action or proceeding.

(b) Exceptions

Such information may be admissible only in the following actions or proceedings:

• (1) criminal or civil cases brought pursuant to G. L. c. 151A where the department or Commonwealth is a necessary party,
• (2) civil cases relating to the enforcement of child support obligations,
• (3) criminal prosecutions for homicide, and
• (4) criminal prosecutions for violation of Federal law.

This section is derived from G. L. c. 151A, § 46, and Tuper v. North Adams Ambulance Service, Inc., 428 Mass. 132, 137 (2008) (“Information secured pursuant to [G. L. c. 151A] is confidential, is for the exclusive use and information of the department in the discharge of its duties, is not a public record, and may not be used in any action or proceeding.”). A violation of this statute may be punishable as a misdemeanor.