Legal Question in Civil Rights Law in Massachusetts

Re: My Privacy rights from being video taped.

These types of cases tend to be very fact-specific which means that one will need to look at all of the particular facts in a case to properly apply the law. However, based on what you have described, it sounds like a very tough case to bring. If you brought a case against this neighbor, the court will probably first ask whether you exhibited an actual expectation of privacy. This is subjective. You will need to show that you were seeking to preserve something as private. Second, this is the objective part of the inquiry, the court will ask whether your subjective expectation of privacy is something that society is prepared to recognize as reasonable. If the answer to either question is "no" then it will be very difficult to prevail on a claim. You have yourself described this area as a "common area." Generally, common areas, hallways and lobbies of multi-tenant buildings are not within an individual tenant's zone of privacy and so are not considered private even if these areas are guarded by a locked front door to the building.

You should feel free to consult other attorneys. However, before thinking about bringing a lawsuit, you may be able to resolve this problem by speaking with your landlord. The landlord may be able to put a stop to the electronic surveillance.

Hope this was helpful,

Myong J. Joun

Law Offices of Howard Friedman