Massachusetts law about employee privacy

Laws, selected cases, regulations, web and print sources on employee and workplace privacy law.

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Massachusetts laws

MGL c. 93H Security breaches (unauthorized access or use of data in any format)

MGL c. 149, § 19B Lie detector tests; use as condition of employment; penalty; civil action

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

MGL c. 214, § 1B Right of privacy

• MGL c. 149, § 190(i) Right of privacy for domestic workers

MGL c. 272, § 99 Interception of wire and oral communications

Massachusetts regulations

201 CMR 17.00 Standards for the protection of personal information of residents of the Commonwealth [by those who own or license personal information]

940 CMR 27.00 Safeguard of personal information; requirements to protect the privacy of consumer and employee information

Federal laws

18 USC §§ 2510-2523 Electronic Communications Privacy Act

Selected cases

Bratt v. International Business Machines Corp., 392 Mass. 508 (1984)
"In determining whether there is a violation [of employee’s privacy], it is necessary to balance the employer's legitimate business interest in obtaining and publishing the information against the substantiality of the intrusion on the employee's privacy resulting from the disclosure."

Garrity v. John Hancock Mut. Life Ins. Co., 2002 U.S. Dist. LEXIS 8343 (2002)
"Even if plaintiffs had a reasonable expectation of privacy in their work e-mail, defendant's legitimate business interest in protecting its employees from harassment in the workplace would likely trump plaintiffs' privacy interests." Request a copy of this case from the law libraries.

Gauthier v. Police Comm'r of Boston, 408 Mass. 335 (1990)
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.

Webster v. Motorola, Inc., 418 Mass. 425 (1994)
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.

Web sources

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.

Workplace drug testing in Massachusetts, Nolo, 2025.

Print sources

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

Construction law by Joel Lewin (Mass. Practice v. 57), Thomson Reuters, annual.  
Sections 10:100 through 10:106: Privacy in the workplace.

Create your own employee handbook by Lisa Guerin, 10^th ed., Nolo, 2021. (2023 eBook available with library card)
Chapter 15: Employee privacy; Chapter 16: Electronic communications; Chapter 17: Employee records.

Drafting employment documents in Massachusetts, 5^th ed., MCLE, 2025.
Chapter 11: Privacy in the workplace.

The employer’s legal handbook: How to manage your employees & workplace by Aaron Hotfelder, 17^th ed., Nolo, 2025. (eBook available with library card)
Chapter 11: Employee privacy.

Employment law by John F. Adkins, 3^rd ed. (Mass. Practice v. 45 – 45A), Thomson Reuters, with supplement. 
Chapter 10: Privacy in the workplace.

Labor and employment in Massachusetts, 2^nd ed., LexisNexis, loose-leaf. (eBook available with library card)
Chapter 9: Employee privacy.

Massachusetts employment law, 7^th ed., MCLE, 2026.
Chapter 21: Privacy in the workplace.

Privacy and data security law deskbook, Wolters Kluwer, loose-leaf.
Chapter 10: Workplace privacy.

Your rights in the workplace by Sachi Barreiro, 11^th ed., Nolo, 2018.

Last updated:	July 21, 2026