Statutory bases. The Massachusetts Right of Privacy Act guarantees individuals the right to be secure from “unreasonable, substantial, or serious interference” with their privacy (MA Gen. Laws ch. 214, § 1B). Intrusions into areas in which the person has a legitimate expectation of privacy are prohibited.
In determining whether an employer has violated the Privacy Act, courts balance the employer’s legitimate business interest against the substantiality of the intrusion on the employee’s privacy (Gauthier v. Police Comm’r of Boston, 408 Mass. 335 (1990)). Courts have applied common-law factors from the Restatement in making this determination (Schlesinger v. Merrill Lynch, 409 Mass. 514 (Mass. 1991)).
State law also prohibits the use of a person's “name, portrait, or picture” for purposes of trade without the person's written consent (Mass. Gen. Laws ch. 214, § 3A).