MGL c.93H Security breaches (unauthorized access or use of data in any format)
MGL c.149, § 52C Personnel records: inspection by employee.
MGL c.214, § 1B Right of privacy
MGL c.272, § 99 Interception of wire and oral communications
Also known as the “Massachusetts Eavesdropping Act,” prohibits unauthorized interception of wire and oral communications with exceptions. See D. Exemptions 1.b. allowing interception of wire or oral communications while using “an office intercommunication system which is used in the ordinary course of …business.”
18 USC secs 2510-2523 Electronic Communications Privacy Act
Selected case law
Garrity v. John Hancock Mut. Life Ins. Co., 2002 U.S. Dist. LEXIS 8343 (2002)
Found that if no assurances of privacy have been given by employer, an employee has no reasonable expectations of privacy on their work email
Webster v. Motorola, Inc., 418 Mass. 425 (1994)
Found that the validity of an employer mandating random drug tests must be weighed on a case-by-case basis, considering whether an individual employee’s right to privacy outweighed the employer’s interests
Gauthier v. Police Comm'r of Boston, 408 Mass. 335 (1990)
Found that the firing of a police cadet after a positive drug test was not a violation of privacy because the testing was in the public interest
An employer’s guide to hidden cameras in the workplace, David B. Wilson (Massachusetts Lawyers Weekly, 2005).
Interfering with employee rights (Section 7 & 8(a)(1)), National Labor Relations Board
States that an employer may not “photograph or videotape employees engaged in peaceful union or other protected activities” as it violates 29 USC Sec 158 which prohibits an employer attempting to “interfere with, restrain, or coerce employees” in exercising their right to unionize
Safeguarding trade secrets in the information age, FindLaw
Discusses employee privacy rights regarding email monitoring, polygraphs, and more and also suggests company policies regarding monitoring employees to protect trade secrets
Somebody’s watching me: employee monitoring, Privacy Rights Clearinghouse, June 2019.
Drafting employment documents in Massachusetts, MCLE, 2021.
Chapter 11: Privacy in the workplace.
Drug testing law, technology, and practice, Callaghan, loose-leaf.
Employment law: 2015 comprehensive guide, NBI, 2015.
Chapter VI: Monitoring Employees.
Massachusetts employment law, MCLE, loose-leaf.
Labor and employment in Massachusetts, 2d ed., LexisNexis, loose-leaf.
Chapter 9: Employee Privacy
Massachusetts practice v.45 (Employment law), Thomson Reuters, with supplement.
Chapter 10: Privacy in the Workplace
Massachusetts practice v. 57 (Construction law), West, Yearly editions.
Sections 10:98 through 10:104 - Privacy in the workplace
What to do about personnel problems in Massachusetts, BLR, looseleaf
Your rights in the workplace by Sachi Barreiro, Nolo, 2018.
|Last updated:||April 8, 2022|