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 Sec. 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)).
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).