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Massachusetts Privacy: What you need to know

Massachusetts law guarantees individuals the right to be secure from “unreasonable, substantial, or serious interference” with their privacy (MA Gen. Laws Ch. 214 Sec. 1B). Intrusions into areas in which the person has a legitimate expectation of privacy are prohibited. For example, in a case in which an employer maintained a policy against hiring smokers, a federal district court has ruled that an employee may pursue an invasion of privacy claim based on the fact that he was terminated after testing positive for nicotine (Rodrigues v. The Scotts Co., C.A. 07-10104-GAO (Dist. MA 2008)).
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State law also prohibits the use of a person's “name, portrait, or picture” for purposes of trade without the person's written consent (MA Gen. Laws Ch. 214 Sec. 3A).
Massachusetts's security breach law covers individuals, employers, and government agencies that own, license, maintain, or store personal information (MA Gen. Laws Ch. 93H Sec. 1,et seq.).
Personal information. This law defines "personal information" as a person's first name or initial and last name in combination with his or her Social Security number; driver's license number or state identification (ID) number; or financial account, debit, or credit card number, with or without any required security code, access code, or password. The law protects personal information regardless of how it is stored. In other words, unauthorized access or use of both electronic and paper files containing personal information trigger the law's notice requirements.
Notice. The law's notice requirements are triggered when the employer knows or has reason to know that a breach has occurred or that an unauthorized person has acquired or used the data for an ...

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More on this topic:

expand-collapse sectionInvasion of Privacy
expand-collapse sectionSecurity Breaches
expand-collapse sectionSafeguarding Personal Information
expand-collapse sectionDestruction of Records
expand-collapse sectionWiretapping

State Requirements

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Massachusetts Privacy Resources

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