Massachusetts Recording, Tracking & Surveillance Laws

At a glance

Adult subject — e.g., a spouse

Your own minor child

As a parent you generally have broad authority to monitor your own minor child — especially on a phone, computer, or vehicle you own or provide. The gray area is recording the child's conversations with other people, where wiretap law and the “vicarious consent” doctrine come in and outcomes vary — and if you're co-parenting, custody orders and the other parent's rights matter. Those are marked “seek legal advice.”

General (any subject)

Recording & consent

Massachusetts is an all-party consent state — with a twist. Its wiretap law (M.G.L. ch. 272, § 99) bans secret recording of any conversation. The key word is secret: recording is a felony (up to five years) only when done without the others' knowledge. Open, known recording — where everyone can see you're recording — is allowed even without an explicit “yes.”

In practice, treat it as all-party: don't record covertly. The federal overlay still applies.

Recording law enforcement

Recording on-duty police in public is protected — the First Circuit's Glik and Project Veritas / Martin v. Gross decisions hold that § 99 can't punish recording police performing their duties in public, even secretly. Don't physically interfere.

GPS & vehicle tracking

Massachusetts has no statute written only for GPS trackers, but secretly tracking someone can be charged under the stalking law (M.G.L. ch. 265, § 43). Tracking a vehicle you own is generally fine; secretly tracking someone else can be criminal. Treat non-consensual tracking as a lawyer question.

Private-investigator licensing

Massachusetts requires a state license to work as a private detective, under M.G.L. ch. 147, §§ 22–30, administered through the Department of Criminal Justice Information Services (DCJIS). Applicants need substantial investigative experience (often three years), must post a bond, and pass a background check.

Out-of-state investigator reciprocity

Massachusetts's private-detective law doesn't publish a general reciprocity license we could confirm — an investigator licensed elsewhere normally needs Massachusetts licensure to work here. Confirm current terms with the Massachusetts State Police before working a Massachusetts case.

Hidden cameras in private areas

Two statutes apply. Secretly photographing or recording someone in a private area — a bathroom, changing room, or where they're partially nude — is voyeurism (M.G.L. ch. 272, § 105), regardless of audio. And a hidden camera that also records sound is an intercepting device under § 99, a separate felony. Silent security cameras in your own space are generally fine; hidden cameras in private areas are not.

Cameras in your own home / nanny cams

You can put silent cameras in your own home, including nanny cams in common areas. Two limits: don't aim a camera at a space a guest, tenant, or worker reasonably treats as private (a bathroom, or a live-in caregiver's bedroom) — that risks the voyeurism statute — and remember a camera that captures audio can violate the § 99 secret-recording ban. When in doubt, disable the microphone.

Doorbell & outdoor cameras

A doorbell or outdoor camera covering your own porch, yard, or the street is fine for video — no reasonable expectation of privacy in public view. Audio is the catch: Massachusetts's § 99 secret-recording ban means a doorbell camera capturing others' conversations can be a problem. Point cameras at your property, and be cautious with the mic.

Workplace & employee recording

Because Massachusetts bars secret recording (all-party in practice), recording a workplace conversation requires the others' knowledge. Secretly recording is a felony under § 99. Employers who monitor communications should give clear notice, and federal workplace rules can apply.

Drone surveillance

Massachusetts has no dedicated drone-privacy statute for private conduct. A drone used to spy is instead reached by the voyeurism statute (§ 105, for private-area video), the § 99 secret-recording ban (for audio), and civil privacy law. General flight and filming from public vantage points remain legal; because coverage runs through those statutes, treat drone surveillance of people as a lawyer question. FAA rules govern the airspace.

See an error or an out-of-date citation? Please let us know.

General legal information only, not legal advice, and no attorney-client relationship is created by reading it. Statutes and their interpretation change; entries may be incomplete or outdated. We disclaim all warranties and any liability for reliance on this page. Confirm the current law at the official Massachusetts Codes and consult a licensed Massachusetts attorney before recording, tracking, installing cameras, or gathering evidence.