MA Wire tap laws

[melissa1973]

Is it legal for a retailer in Massachusetts to audio/video tape it's customers using a secret shopper wearing a covert body worn camera? There are no signs posted at the business stating that surveillance is in place.

 

[Mass_Shyster]

Is it legal for a retailer in Massachusetts to audio/video tape it's customers using a secret shopper wearing a covert body worn camera? There are no signs posted at the business stating that surveillance is in place.

Nope.

M.G.L. - Chapter 272, Section 99

1. Interception, oral communications prohibited.

Except as otherwise specifically provided in this section any person who—

willfully commits an interception, attempts to commit an interception, or procures any other person to commit an interception or to attempt to commit an interception of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment.

 

[melissa1973]

Thank you, Steve

One more question...

If the business puts up a sign stating that there will be audio surveillance in the store will it be legal?

 

[ecmst12]

Video only would definitely be legal though. You don't have any expectation of privacy in a public place.

 

[melissa1973]

I don't know the exact difference between a Bill, an act or a statute so I'm not sure if the bill posted below would make it legal for this company to audio/video tape in MA.

Does this bill over-ride the Ma wiretapping law?

Would this bill give the company the right to use covert audio surveillance on customers without consent/notice in the building or on the telephone?

I'm a little confused by the way it's worded.

http://www.mass.gov/legis/bills/senate/185/st01pdf/st01093.pdf

How would I find out if this bill was passed?

 

[Mass_Shyster]

I don't know the exact difference between a Bill, an act or a statute so I'm not sure if the bill posted below would make it legal for this company to audio/video tape in MA.

Does this bill over-ride the Ma wiretapping law?

Would this bill give the company the right to use covert audio surveillance on customers without consent/notice in the building or on the telephone?

I'm a little confused by the way it's worded.

http://www.mass.gov/legis/bills/senate/185/st01pdf/st01093.pdf

How would I find out if this bill was passed?

A bill is merely a proposed law. It must be voted on by the General Court and signed into law by the Governor.

 

[melissa1973]

A bill is merely a proposed law. It must be voted on by the General Court and signed into law by the Governor.

Thank you, Stevef
Do you know how would I go about finding the current status of this bill?