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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 (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

Massachusetts regulations

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

Web sources

An employer’s guide to hidden cameras in the workplace, David B. Wilson (Massachusetts Lawyers Weekly, 2005).

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.

Somebody’s watching me: employee monitoring, Privacy Rights Clearinghouse, June 2019.

State laws on social media password requests by employers, Nolo. Find out if a state has a social media password law.

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, 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.
Chapter 22.

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



Within Massachusetts only

Within Massachusetts only


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Last updated: July 21, 2021