Massachusetts Court Rules on Web Tracking Law

The Massachusetts Supreme Judicial Court ruled that the state's wiretap law does not prohibit websites from tracking user browsing activity through analytics tools, a decision that raises concerns about digital privacy. In a 5-1 ruling, the court concluded that the wiretap law, originally enacted in the 1960s to address eavesdropping on phone conversations, does not extend to the collection of browsing data by website operators, including healthcare providers. Justice Scott Kafker emphasized that the legislature must explicitly state if it intends for such tracking to be covered under the law. Dissenting Justice Dalila Wendlandt argued that the majority's interpretation undermines the law's intent to protect privacy and could lead to increased surveillance without consent. The case, brought by Kathleen Vita against two hospitals for alleged privacy violations, illustrates the growing tension between technology use and privacy rights. The ruling could have significant implications for businesses that utilize similar tracking technologies.