Jason C. Gavejian and Joseph J. Lazzarotti of JacksonLewis write:
Massachusetts’ highest court recently issued an opinion that delves into the complex intersection of privacy law and modern technology. The case centers around whether the collection and transmission of users’ web browsing activities to third parties without their consent constitutes a violation of the Massachusetts Wiretap Act.
However, the claim is not unique to Massachusetts. In recent years, plaintiffs in California, Pennsylvania, and Florida have filed claims under state-specific statutes and the Federal Wiretap Act alleging violations when data is collected and shared without consent of the individual website visitor.
The Massachusetts Court’s analysis hinged on the definitions of “communication” and “interception” under the state wiretap act. The term “communication” presented a particular challenge, as the Court found it ambiguous in the context of web browsing activities. The Court ultimately concluded that web browsing activities do not clearly fall under the statutory definition of “communication.”
Read more at Workplace Privacy, Data Management & Security Report.