Privacy is a person’s legally protected interest in preventing government or other intrusion into their homes; their communications (phone, e-mail, in-person); their luggage; certain compartments of their motor vehicle (glovebox, trunk); their personally identifiable information (PII); their body (hair, clothing, unexposed body parts); their image and likeness (through unauthorized use); and other information, places, and property (real and personal) in which persons have a reasonable expectation of privacy.

People generally do not have a right to privacy from being photographed or heard (if done without use of surreptitious electronic or other surveillance technologies) in public places—essentially, when they step outside of their home. There are exceptions to this general rule in which persons do have a right to privacy—such as in a doctor’s exam room or when making a phone call in a phone booth.

The Fourth Amendment to the United States Constitution protects people against government intrusions into their privacy.

And state and federal laws (statutes and court opinions) generally protect persons from unauthorized use of their personal information and from intrusions into their privacy by nongovernmental persons or entities. These protected privacy interests are generally limited to areas in which persons have a reasonable expectation of privacy (home, health information, image and likeness, e-mail communications, etc.)—and these laws vary from state to state.

In Maine, privacy is recognized as a legally protected interest, which includes the prevention of unwarranted intrusions into one's personal spaces and information by both government and non-governmental entities. The Fourth Amendment of the U.S. Constitution provides a foundational layer of protection against unreasonable searches and seizures by the government, thereby safeguarding individuals' privacy in areas where they have a reasonable expectation of privacy, such as their homes, personal communications, and certain areas of their vehicles. Maine state law complements these protections by addressing the unauthorized use of personally identifiable information (PII) and protecting individuals from invasions of privacy by private parties. For instance, Maine has laws governing data breach notifications, the use of surveillance equipment, and the protection of health information. However, in public spaces, individuals generally do not have a right to privacy from being photographed or overheard, unless they are in a situation where they retain a reasonable expectation of privacy, such as in a medical facility or using a private phone booth. It's important to note that while there is a broad framework for privacy rights, the specifics can vary and are subject to interpretation by courts, and individuals concerned about their privacy rights should consult with an attorney for advice tailored to their particular circumstances.