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I have a problem with the Massachusetts Highway Department providing private investigators and/or divorce attorneys, the toll records from E-ZPass and Fast Lane usage. Highway officials have helped aggressive divorce lawyers in catching cheating spouses with these toll records.

It seems that lawyers want to be able to attack the credibility of spouses who lied about their whereabouts. I disagree with this procedure. It is the goal of the recording devices to identify vehicles which don't have the proper sticker and to catch those who don't pay a toll.

This information is the internal work product of the transportation agency. It shouldn't be a source for those fishing for information that's not in the public domain. The violations, tag numbers and names of the violators aren't published as a public document. It's no different than publishing or distributing telephone, Internet, credit card or other business transactions.

If private detectives and divorce attorneys choose, they may observe and follow the cheaters and secure their own evidence. Of course there is no expectation of privacy when you drive on public highways, but that's quite different from the toll collector turning over his work records. Police and crime investigators may be entitled to such records, but the state shouldn't assist private individuals to feed at the trough of highway data in order to catch cheating spouses.

The right to privacy is inherent in a free society. Invading this privacy, under these circumstances, doesn't serve the public interest. We can only hope that other states don't follow this questionable practice.

 

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