Right of Privacy

• By state statute people have a right against unreasonable, substantial or serious interference with their privacy. (M.G.L.c. 214, s. 1B)


• In the employment area the courts have shown an interest in protecting employees from questioning about personal matters that are of no business of the employer and from invasions by the employer without adequate business justification into places where the employee has an expectation of privacy.


• Historically the issue of privacy most often arose during the hiring process, inquiries into drug or alcohol use, searches of employee's person or work space, or in the dissemination of employee information by the employer.


• The latest area where the issue of privacy has arisen is with regard to e-mail and whether an employer can read e-mail sent or received by its employees. Employers are therefore advised to develop specific Internet/E-Mail policies.


• Intracorporate disclosure of private facts about an employee can constitute an invasion of privacy. A court should balance the employer's legitimate business interest in disseminating the information against the nature and substantiality of the intrusion. This same test applies if the information disclosed is medical information. Bratt v. International Business Machines Corporation, 392 Mass. 508 (1984)


• The statute of limitations under this statute is 3 years. (M.G.L. c. 260, s. 2A)

• By state statute it is also illegal to secretly make an audio recording of another person. In a civil suit, a plaintiff can recover actual damages but not less than liquidated damages computed at the rate of $100 per day for each day of violation or $1000, whichever is higher, punitive damages, and reasonable attorney's fees. (M.G.L.c. 272, s. 99)


• The statute of limitations under this statute is also 3 years. (M.G.L. c. 260, s. 2A)


• By both state and federal statutes an employer may not subject its employees or applicants for employment to a "lie detector" test or to discriminate against such person for asserting his right not to take a lie detector test. (29 U.S.C. s. 2001); (M.G.L. c. 149, s. 19B)