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Massachusetts law about employee privacy

A compilation of laws, regulations, and web sources on employee and workplace privacy law by the Trial Court Law Libraries.

Table of Contents

Massachusetts laws

MGL c.93H Security breaches

MGL c.149, § 52C Personnel records: inspection by employee.

MGL c.214, § 1B Right of privacy

Massachusetts regulations

940 CMR 27: Safeguard of personal information. Governs the requirements to protect the privacy of employee information.

Web sources

Employer access to social media usernames and passwords, National Conference of State Legislatures, 2019
A compilation of states that have introduced or passed legislation that would restrict employers from requiring employees or job applicants to provide usernames and passwords to personal social networking accounts

Safeguarding trade secrets in the information age, FindLaw
Discusses employee privacy rights and suggests policies for companies to develop to monitor employees to protect trade secrets. Includes e-mail monitoring, polygraphs and more.

Smart policies for workplace technologies: email, blogs, cell phones and more , Nolo, 2017
Drafting effective technology policies -- Computers and software -- Email -- Internet use -- Instant messaging -- Blogs and beyond : personal posting on the internet -- Cell phones -- Portable computing devices : PDAs, laptops, and beyond -- Cameras and camera phones. Requires free library card for access

Workplace privacy and employee monitoring, Privacy Rights Clearinghouse, March, 2019
Outlines the laws and privacy expectations in telephone calls, computer files, and email, mobile devices, and GPS.

Your rights in the workplace , Nolo, 2018. 
Chapter 5: Privacy rights  "provides information about privacy rights of employee such as getting access to personnel records and files as well as issues related to workplace testing such as medical examinations and drug and alcohol testing. It also discusses issues on dress codes and grooming codes." Requires free library card for access

Print sources

Advising employers and employees on off-duty conduct and privacy in the workplace, MCLE, 2019.

Drafting employment documents in Massachusetts, MCLE, updated Feb. 2019.
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.
Chapters 27 and 28.

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 7: Privacy in the Workplace

Massachusetts practice v. 57 (Construction law),  West, Yearly editions.  
Sections 10:92 through 10:98 - Privacy in the workplace



Within Massachusetts only

Within Massachusetts only


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Last updated: June 19, 2020