Privacy is a person’s legally protected interest in preventing government or other intrusion into their homes; their communications (phone, e-mail, in-person); their luggage; certain compartments of their motor vehicle (glovebox, trunk); their personally identifiable information (PII); their body (hair, clothing, unexposed body parts); their image and likeness (through unauthorized use); and other information, places, and property (real and personal) in which persons have a reasonable expectation of privacy.
People generally do not have a right to privacy from being photographed or heard (if done without use of surreptitious electronic or other surveillance technologies) in public places—essentially, when they step outside of their home. There are exceptions to this general rule in which persons do have a right to privacy—such as in a doctor’s exam room or when making a phone call in a phone booth.
The Fourth Amendment to the United States Constitution protects people against government intrusions into their privacy.
And state and federal laws (statutes and court opinions) generally protect persons from unauthorized use of their personal information and from intrusions into their privacy by nongovernmental persons or entities. These protected privacy interests are generally limited to areas in which persons have a reasonable expectation of privacy (home, health information, image and likeness, e-mail communications, etc.)—and these laws vary from state to state.
In Massachusetts, privacy is recognized as a legally protected interest, safeguarding individuals from unwarranted intrusions by both the government and private entities. The Fourth Amendment of the U.S. Constitution provides a foundational layer of protection against government searches and seizures, ensuring that individuals have a right to privacy in areas where they have a reasonable expectation of privacy, such as their homes, personal communications, and certain areas of their vehicles. Massachusetts law complements these protections by addressing issues like the unauthorized use of personally identifiable information (PII), surveillance, and the protection of an individual's likeness. For instance, Massachusetts General Laws Chapter 214, Section 1B, grants individuals a right to privacy, allowing them to take legal action against those who invade this right without consent. However, in public spaces, individuals generally do not have a right to privacy from being photographed or overheard, unless such surveillance is conducted through clandestine means. Exceptions exist where a higher expectation of privacy is recognized, such as in medical settings or when using private communication facilities like phone booths. It's important to note that while there is a broad protection of privacy, the specifics can vary and are subject to interpretation by courts, and individuals may have different rights in different contexts.
