Massachusetts law about privacy

Laws, regulations, and web sources on privacy law in general.

• For related topics, see our compilation of pages on specific issues involving privacy.

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

MGL c. 214, § 1B Right of privacy

MGL c. 271, § 51 Taking or transmitting images of crime victims by first responders prohibited without consent

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

MGL c. 272, § 105 Photographing, videotaping or electronically surveilling partially nude or nude person or the sexual or other intimate parts of a person around the person's clothing; exceptions; punishment

Massachusetts regulations

201 CMR 17 Standards for the protection of personal information of residents of the commonwealth

205 CMR 257 Sports wagering data privacy

940 CMR 27 Safeguard of personal information

Federal laws

15 U.S.C. §§ 6801 - 6809 Disclosure of nonpublic personal information 
Gramm-Leach-Bliley Act of 1999, which established privacy requirements for financial institutions.

Massachusetts jury instructions

District Court Criminal Model Jury Instructions

7.190 Dissemination of a visual image of a nude or partially nude person or the sexual or intimate parts of a person or a child under or around their clothing (G.L. c. 272, § 105(c))

Court rules and orders

Supreme Judicial Court Order regarding the protection of personal information 
This Order governs the security and confidentiality of personal information as defined by c. 93H in the Judicial Branch.  

Supreme Judicial Court Rule 1:24: Protection of personal identifying information in publicly accessible court documents

Trial Court Uniform Rules on Impoundment Procedure

Selected cases

Selected court cases on the topic of privacy.

Web sources

Advisory on the application of the Commonwealth’s consumer protection, civil rights, and data privacy laws to artificial intelligence, Mass. Attorney General, 2024.
Advisory clarifies that AI developers, suppliers, and users must comply with existing state consumer protection, anti-discrimination, and data privacy laws.

Can you put a surveillance camera in a nursing home room?, ElderLawAnswers, 2018.

Impoundment procedures in the Massachusetts appellate courts: An introduction, Mass. Appeals Court, 2012.
A guide to impoundment procedures including a general overview of governing authorities and some practical tips.

Impoundment sources: List of authorities designating material as impounded, confidential, or not available for public inspection, Mass. Appeals Court, June 2015.
"The following list is an overview of the material that a statute, court rule, or standing order designates must be withheld as 'impounded,' 'withheld from public inspection,' 'not available for public inspection,' 'confidential,' 'segregated,' or 'sealed.'"

Katz and reasonable expectation of privacy test, Constitution Annotated, Congress.gov.
An examination of the Katz test and its application in one’s "reasonable expectation of privacy" within the Constitution's 4th amendment.

Prepare for cybersecurity regulatory expectations, Mass. Division of Banks.
Find out about regulations governing information security and expectations for financial institutions and non-depository institutions.

Privacy and security, Federal Trade Commission.
Includes links to a wide variety of financial privacy sources, including the Gramm-Leach-Bliley Act.

Requirements for data breach notifications, Office of Consumer Affairs and Business Regulation.
A guide to data breaches, business notification requirements, and written information security program (WISP) compliance.

Security cameras vs. right of privacy, Goldman and Pease.
Discusses privacy issues with security cameras in a condo building. 

Print sources

Civil causes of action in Massachusetts, MCLE 2nd edition, 2012, Chapter 16 Invasion of privacy.

Cybersecurity law, West Academic Publishing, 2022.

Data privacy and cybersecurity law: A compliance guide for U.S. Federal, state, and local governments, Lexis Nexis, 2023.

Data security and privacy in Massachusetts, 3rd ed., MCLE, 2021.

Drone law, Thomson Reuters, Annual, Chapter 34, Invasion of privacy.

How personal information is collected, sold & used, MCLE, 2021.

Massachusetts proof of cases, v.1, West, Annual. Chapter 29 Privacy rights.

Massachusetts Superior Court civil practice jury instructions, 3rd ed., MCLE, loose-leaf. Chapter 7, Invasion of privacy.

Massachusetts tort law manual, MCLE , 2017 with supplement, Chapter 14, Invasion of privacy.

Outwitting smartphone privacy pitfalls, MCLE, 2022.

Summary of basic law, 5th ed. 2014, with supplement (Mass Practice v.14D) Thomson Reuters, Chapter 16 Torts; Dignitary Torts; A. Invasion of Privacy.

Last updated:	October 24, 2024