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IsraelPrivacy RightsHistory

Privacy rights in Israel derive from the Basic Law Human Liberty and Dignity of 1992. In this law, Article 7 protects privacy, intimacy, private premises, and confidential communications (Constitute Project, “Israel 1953 rev. 2013” ).

https://constituteproject.org/constitution/Israel_ 2013? lang=en

ItalyPrivacy RightsHistory

Articles 13-15 grant privacy to people, homes, and correspondence in the Italian Constitution from 1947 (Constitute Project, “Italy 1947 rev. 2020” ). Previous constitutions are from 1848 and 1861, but translations were not found.

https://constituteproject.org/constitution/Italy_ 2020? lang=en

Ivory CoastPrivacy RightsHistory

The only specific privacy right mentioned in the constitution is that in Article 8, which inviolably protects the home (Constitute Project, “Côte d'Ivoire 2016” ).

https://constituteproject.org/countries/Africa/Cote_d_Ivoire?lang=en

JamaicaPrivacy RightsHistory

Chapter III of the 1962 constitution protects the fundamental rights and freedoms of Jamaicans. In Section 3(j) of Article 13, privacy protections are granted to persons, property, private and family life, and communication (Constitute Project, “Jamaica 1962 rev. 2015” ).

https://constituteproject.org/constitution/Jamaica_ 2015? lang=en

JapanPrivacy RightsHistory

Article 25 of the 1889 Japan Constitution protected the privacy of the home: "Except in the cases provided for in the law, the house of no Japanese subject shall be entered or searched without his consent". Article 26 of the 1889 Constitution protected correspondence: "Except in the cases mentioned in the law, the secrecy of the letters of every Japanese subject shall remain inviolable."

In the 1946 Constitution, Article 35 protects the home, and Article 21 protects communication: "No censorship shall be maintained, nor shall the secrecy of any means of communication be violated."

References:

1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889

1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html

JordanPrivacy RightsHistory

Article 7 of the 1952 constitution says, “1. Personal freedom shall be guaranteed. 2. Every infringement on rights and public freedoms or the inviolability of the private life of Jordanians is a crime punishable by law.” Article 18 protects communications and Article 10 protects the home (Constitute Project, “Jordan 1952 rev. 2016” ).

https://constituteproject.org/constitution/Jordan_ 2016? lang=en

KazakhstanPrivacy RightsHistory

Article 33 of the 1993 Kazakhstan Constitution reads: "Private life of a citizen shall be inviolable. Intrusion upon private life of a citizen, and also infringement upon his honor and dignity shall be prohibited." Article 34 guarantees the inviolability of the home.

Kazakhstan protected the right to privacy in Article 18 of its 1995 Constitution. It says, “1. Everyone shall have the right to inviolability of private life, personal or family secrets, protection of honor and dignity. 2. Everyone shall have the right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraph, and other messages. Limitation of this right shall be permitted only in the cases and according to the procedure directly established by law. 3. State bodies, public associations, officials, and the mass media must provide every citizen with the possibility to obtain access to documents, decisions and other sources of information concerning his rights and interests” (Constitute Project, “Kazakhstan 1995 rev. 2017” ).

References:

"The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 114

1995 Constitution: https://www.constituteproject.org/constitution/Kazakhstan_2017

KenyaPrivacy RightsHistory

In 1963, the Kenyan Constitution protected privacy in the home and other property in Article 14(c) (Kenya Law, “ 1963 Constitution”). Article 23(1) protected correspondence from interference.

Today, Article 31 of the 2010 Kenyan Constitution gives every person the right to privacy in their person, home, possessions, family life, and correspondence (Constitute Project, “Kenya 2010 Constitution”).

References:

1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf

2010 Constitution of Kenya: https://constituteproject.org/constitution/Kenya_2010

Kingdom of the NetherlandsPrivacy RightsHistory

Article 10 of the 1814 Constitution grants privacy rights to persons in the Kingdom of the Netherlands. 10(1) states “Everyone has, save for limitations to be provided by or pursuant to statute, the right to respect for his private life.” Article 13 protects private correspondence and Article 12 protects the home (Hardt & Kiiver, 2019, 141).

Sascha Hardt & Phillip Kiiver. Comparative Constitutional Law Documents. “Constitution for the Kingdom of the Netherlands of 24 August 1815. ”

KiribatiPrivacy RightsHistory

Article 3 of the 1979 constitution calls for the protection of privacy in the home and Article 9 protects a person from searches (Constitute Project, “Kiribati 1979 rev. 2013” ).

https://constituteproject.org/countries/Oceania/Kiribati?lang=en

KuwaitPrivacy RightsHistory

Kuwait’s 1962 constitution has been reinstated twice, but it does not mention privacy rights generally. It does, however, protect the inviolability of the home in Article 38 (Constitute Project, “Kuwait 1962 reinst. 1992” ).

https://constituteproject.org/constitution/Kuwait_ 1992? lang=en

KyrgyzstanPrivacy RightsHistory

According to Article 39.2 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "The state shall guarantee everyone a protection from arbitrary and unlawful interference with one's private and family life, infringement of one's honor and dignity, breach of secrecy of correspondence and telephone conversations."

References:

1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html

LaosPrivacy RightsHistory

Privacy rights are scarcely protected in Laos. The revised 2015 constitution protects violations of life, body, integrity, and property in Article 42, which has been amended since the implementation of the constitution in 1991 (Constitute Project, “Lao People’s Democratic Republic 1991 rev. 2015” ).

https://media.bloomsburyprofessional.com/rep/files/laos-constitution- 1947- 1949- englishx.pdf https://constituteproject.org/constitution/Laos_ 2015? lang=en

LatviaPrivacy RightsHistory

Article 96 of the 1922 constitution states “Everyone has the right to inviolability of his or her private life, home and correspondence” (Constitute Project, “Latvia 1922, reinst. 1991, rev. 2016” ).

https://constituteproject.org/constitution/Latvia_ 2016? lang=en

LebanonPrivacy RightsHistory

The constitution provides no protections for general privacy rights. However, Article 14 does protect the inviolability of the home (Constitute Project, “Lebanon 1926 rev. 2004” ).

https://constituteproject.org/constitution/Lebanon_ 2004? lang=en

LesothoPrivacy RightsHistory

The 1993 constitution of Lesotho sets forth fundamental rights which are granted to each person in Lesotho in Article 4. In Section 1(g) of Article 4, the right to respect for family and private life is protected. In Article 11, this right is expanded upon and clarified: "Every person shall be entitled to respect for his private an family life and his home." Article 14 guaranteed freedom of interference with correspondence. (Constitute Project, “Lesotho 1993 rev. 2018” ).

References:

https://constituteproject.org/constitution/Lesotho_ 2018? lang=en

LiberiaPrivacy RightsHistory

The 1825 and 1847 constitutions of Liberia did not included mention of privacy rights. The first protection of privacy rights was in the 1986 constitution, Article 16. Article 16 states “No person shall be subjected to interference with his privacy of person, family, home or correspondence except by order of a court of competent jurisdiction” (Constitute Project, “Liberia 1986” ).

http://crc.gov.lr/doc/CONSTITUTION%20OF%20 1847% 20final.pdf https://constituteproject.org/constitution/Liberia_ 1986? lang=en

LibyaPrivacy RightsHistory

The interim constitution of 2011 is the first to grant privacy rights. It does so in Articles 11-13. These articles protect homes, private life, and correspondence (Constitute Project, “Libya 2011 rev. 2012” ).

https://www.constituteproject.org/constitution/Libya_ 2012? lang=en

LiechtensteinPrivacy RightsHistory

The 1862 constitution alludes to privacy rights in the home in Article 12 (Wright, “Constitution of 26 September 1862. ”). Today, privacy rights go further under the 1921 constitution, with Article 32 guaranteeing “Personal liberty, the immunity of the home and the inviolability of letters and written matter” (Constitute Project, “Liechtenstein 1921 rev. 2011” ).

https://books.google.com/books?id=kXBDAAAAIAAJ&pg=PA375&lpg=PA375&dq= 1862+ Constitution+of+Liechtenstein+full+text&source=bl&ots=6dAZ5MiCdX&sig=YurO0ujdxMdcKsMLT_DfGdxPCm0&hl=en&sa=X&ei=axZlU-b1KorroATU9oG4Cg#v=onepage&q=priva&f=false https://www.constituteproject.org/constitution/Liechtenstein_ 2011? lang=en

LithuaniaPrivacy RightsHistory

Articles 22 and 24 grant privacy rights in Lithuania. Article 22 declares the inviolability of the private life, including correspondence and data, and Article 24 protects the home (Constitute Project, “Lithuania 1992 rev. 2019” ).

https://www.constituteproject.org/constitution/Lithuania_ 2019? lang=en

LuxembourgPrivacy RightsHistory

The 1868 constitution, since amended, protects private life in Article 3. In Article 15, it protects the home and in Article 28, correspondence (Constitute Project, “Luxembourg 1868 rev. 2009” ).

https://www.constituteproject.org/constitution/Luxembourg_ 2009? lang=en

MadagascarPrivacy RightsHistory

Article 13(1) governs privacy rights in Madagascar. It assures each individual “the inviolability of their person, their domicile and of the secrecy of their correspondence” (Constitute Project, “Madagascar 2010” ).

https://www.constituteproject.org/constitution/Madagascar_ 2010? lang=en

MalawiPrivacy RightsHistory

The 1964 Malawi Constitution protects the person from search and the home from entry and search at article 17(1). Article 11(c) promises to the citizen of Malawi "protection for the privacy of his home and other property." Article 20(1) protected against interference with correspondence.

The 1994 Malawi Constitution protects personal privacy in Article 21. As defined in the article, personal privacy protects possessions, home, and property (Constitute Project, “Malawi 1994 rev. 2017” ).

References:

“Constitution of Malawi.” Citizenship Rights Africa. Accessed July 26, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf

https://www.constituteproject.org/constitution/Malawi_ 2017? lang=en

MalaysiaPrivacy RightsHistory

Data privacy was guaranteed by the Personal Data Protection Act of 2010. This law came into force in 2013 and is focused on data privacy specifically rather than privacy rights generally.

References:

https://thelawreviews.co.uk/title/the-privacy-data-protection-and-cybersecurity-law-review/malaysia Malaysia's Constitution of 1957 with Amendments through 2007: https://www.constituteproject.org/constitution/Malaysia_2007.pdf

MaldivesPrivacy RightsHistory

Articles 9 and 12 of the are relevant to privacy rights. Article 9 protects the private home: "Private premises and dwellings shall be respected. Such premises and dwellings shall not be trespassed, save under conditions stipulated in the law." Article 12 protects communications: "Letters, correspondence, telephone calls, telegrams and wireless messages exchanged between person shall not be opened, intercepted, read or divulged, except in accordance with the express provision in the law."

Article 24 of the 2008 Constitution grants the right to privacy in the Maldives. It says: “Everyone has the right to respect for his private and family life, his home and his private communications. Every person must respect these rights with respect to others” (Constitute Project, “Maldives 2008” ).

References:

1969 Constitution of the Republic of Maldives As Amended to 1975: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=723#

2008 Maldives Constitution: https://www.constituteproject.org/constitution/Maldives_2008

MaliPrivacy RightsHistory

Article 6 of the 1992 constitution protected the three main privacy rights: the home, correspondence, and the individual (Constitute Project, “Mali 1992” ).

https://www.constituteproject.org/constitution/Mali_ 1992? lang=en

MaltaPrivacy RightsHistory

Article 32 of the Maltese Constitution protects the right to private and family life. Article 38 protects the home (Constitute Project, “Malta 1964 rev. 2016” ).

https://www.constituteproject.org/constitution/Malta_ 2016? lang=en

Marshall IslandsPrivacy RightsHistory

Section 13 of the Marshall Islands’ constitution protects personal autonomy. It says: “All persons shall be free from unreasonable interference in personal choices that do not injure others and from unreasonable intrusions into their privacy” (Constitute Project, “Marshall Islands 1979 rev. 1995” ).

https://www.constituteproject.org/constitution/Marshall_Islands_ 1995? lang=en

MauritaniaPrivacy RightsHistory

Article 13(4) protects the right to privacy in Mauritania: “The honor and the private life of the citizen, the inviolability of the human person, of his domicile and of his correspondence are guaranteed by the State” (Constitute Project, "Mauritania 1991 rev. 2012" ).

https://www.constituteproject.org/constitution/Mauritania_ 2012? lang=en

MauritiusPrivacy RightsHistory

The sole constitution of Mauritius from 1968 is limited in what it says about privacy rights. It only protects a person and their property from a search in Article 9 (Constitute Project, "Mauritius 1968 rev. 2016" ).

https://www.constituteproject.org/constitution/Mauritius_ 2016? lang=en

MexicoPrivacy RightsHistory

Article 7 of the 1857 constitution prevents writers from writing about people’s private lives (World History Commons, “Federal Constitution of the United Mexican States of 1857” ). Today, Article 16 of the 1917 constitution protects the privacy rights and data privacy in Mexico: “No person shall be disturbed in his private affairs, his/her family, papers, properties or be invaded at home without a written order from a competent authority, duly explaining the legal cause of the proceeding. All people have the right to enjoy protection on his personal data, and to access, correct and cancel such data. All people have the right to oppose the disclosure of his data, according to the law. The law shall establish exceptions to the criteria that rule the handling of data, due to national security reasons, law and order, public security, public health, or protection of third party’s rights” (Constitute Project, “Mexico 1917 rev. 2015” ).

https://www.constituteproject.org/constitution/Mexico_ 2015? lang=en https://worldhistorycommons.org/federal-constitution-united-mexican-states- 1857

MoldovaPrivacy RightsHistory

Today, Articles 28-30 of the 1994 constitution protect privacy rights in Moldova. Article 28 grants privacy in private and family life, Article 29 in the home, and Article 30 in correspondence (Constitute Project, “Moldova 1994 rev. 2016” ).

https://www.constituteproject.org/constitution/Moldova_ 2016? lang=en

MonacoPrivacy RightsHistory

The 1962 constitution, still in force today, protects the home in Article 21 and the general right to privacy in Article 22. Article 22 calls out private and family life as well as correspondence (Constitute Project, “Monaco 1962 rev 2002” ).

https://www.constituteproject.org/constitution/Monaco_ 2002? lang=en

MongoliaPrivacy RightsHistory

Article 87 of the 1940 Constitution of the Mongol People's Republic: "The inviolability of the homes of citizens and privacy of correspondence are protected by law."

Article 16(13) of the 1992 constitution protects the right to personal liberty and safety. It says, “The privacy of citizens, their families, confidentiality of correspondence and communication, and the inviolability of home residence shall be protected by law” (Constitute Project, “Mongolia 1992 rev. 2001) . References:

1940 Constitution of the Mongol People's Republic: Peaslee Amos J. Constitutions of Nations. Concord, Rumford Press (1950). https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.beal/connat0002&id=494&men_tab=srchresults

https://www.constituteproject.org/constitution/Mongolia_ 2001? lang=en

MontenegroPrivacy RightsHistory

According to Article 211 of the 1905 Montenegro Constitution: "Epistolary and telegraphic privacy is inviolable except in case of war or judicial inquiry."

Article 20 of the 1992 constitution says, “physical and psychological integrity of man, his privacy and personal rights are inviolable” (Venice Commission, “Constitution of the Republic of Montenegro”). Today, Article 28 says “The inviolability of the physical and mental integrity of a man, and privacy and individual rights thereof shall be guaranteed” (Constitute Project, “Montenegro 2007 rev. 2013” ).

https://www.venice.coe.int/webforms/documents/?pdf=CDL( 2005) 096-e https://www.constituteproject.org/constitution/Montenegro_ 2013? lang=en 1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index=

MoroccoPrivacy RightsHistory

The 2011 Moroccan constitution was the first to have fundamental rights based on international treaties (Moroccan Government, “Constitution”). This made it the first to guarantee the right to privacy, which was achieved in Article 24 (Moroccan Government, “Constitution”; Constitute Project, “Morocco 2011” ). Article 24 protects private life, the home, and correspondence (Constitute Project, “Morocco 2011” ).

https://www.maroc.ma/en/content/constitution https://www.constituteproject.org/constitution/Morocco_ 2011? lang=en

MozambiquePrivacy RightsHistory

The 1975 constitution of Mozambique granted “All citizens … the right to their honor, good name and reputation, as well as the right to privacy and to defend their public image” (RefWorld, “Constitution of the Republic of Mozambique”). This is echoed in Article 41 of the 2004 constitution (Constitute Project, “Mozambique 2004 rev. 2007” ).

https://www.refworld.org/docid/3ae6b4f40.html https://www.constituteproject.org/constitution/Mozambique_ 2007? lang=en

MyanmarPrivacy RightsHistory

Article 160 in the 1974 Burmese Constitution grants privacy for home, property, correspondence, and communications (Burma Library, “THE CONSTITUTION OF THE UNION OF BURMA ( 1974) ”). Today, these same protections are afforded in Article 357 (Constitute Project, “Myanmar 2008 rev. 2015” ).

https://www.burmalibrary.org/docs07/ 1974C onstitution.pdf?__cf_chl_jschl_tk__=pmd_uXw1EkLnkyq9T6FqkzA_NO9lvJaIhzdgyzAJ1J1s5Ko-163543 1051- 0-gqNtZGzNAiWjcnBszQjR https://www.constituteproject.org/constitution/Myanmar_ 2015? lang=en

NamibiaPrivacy RightsHistory

The 1990 constitution protects the right to privacy in the home and for correspondence in Article 13 (Constitute Project, “Namibia 1990 rev. 2014” ).

https://www.constituteproject.org/constitution/Namibia_ 2014? lang=en

NauruPrivacy RightsHistory

The preamble to Part II Fundamental Rights and Freedoms in the 1968 constitution grants everyone the “respect for his private and family life” (Constitute Project, “Nauru 1968 rev. 2015” ).

https://www.constituteproject.org/constitution/Nauru_ 2015? lang=en

NepalPrivacy RightsHistory

The 1990 constitution was the first to protect privacy as a fundamental right. In Article 22: “Except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone is inviolable” (Constitution Net, “The Constitution of Nepal 1990” ). In the 2015 constitution, the same language is used in Article 28 (Constitute Project, “Nepal 2015 rev. 2016" ).

https://www.constituteproject.org/constitution/Nepal_ 2016? lang=en https://constitutionnet.org/sites/default/files/ 1990_ constitution_english.pdf

New ZealandPrivacy RightsHistory

New Zealand governs privacy rights with the 1993 Privacy Act, which has since been replaced with the 2020 Privacy Act.

https://www.legislation.govt.nz/act/public/ 1993/ 0028/latest/DLM296639.html

NicaraguaPrivacy RightsHistory

The 1974 constitution “guarantees the inviolability of the home, the dwelling, and of any other private premises of persons” in Article 58 (General Secretariat Organization of American States, Washington D.C., “Constitution of the Republic of Nicaragua”). Article 80 protected correspondence. The 1987 constitution broadened privacy rights in Article 26 stating: “Everyone has the right to: 1. Privacy in his/her life and that of his/her family; 2. Respect of his/her honor and reputation; 3. Know about any information which private or public entities may have on record about him/her as well as the right to know why and for what purpose they hold such information; 4. Inviolability of his/her domicile, correspondence and communication of any kind.” (Constitute Project, “Nicaragua 1987 rev. 2014” ).

https://books.google.com/books?printsec=frontcover&vid=LCCN77374018#v=snippet&q=inviolable&f=false https://www.constituteproject.org/constitution/Nicaragua_ 2014? lang=en

NigerPrivacy RightsHistory

The 2010 constitution only protects the domicile of people in terms of privacy rights. This is done in Article 27 (Constitute Project, “Niger 2010 rev. 2017” ).

https://www.constituteproject.org/constitution/Niger_ 2017? lang=en

NigeriaPrivacy RightsHistory

In 1960, the country’s first constitution protected the private life, home, and correspondence of each person in Article 22 (World Statesmen, “The Constitution of the Federation of Niger”). Today, the same language is seen in Article 37 of the 1999 constitution (Constitute Project, “Nigeria Constitution 1999 rev. 2011” ).

https://www.worldstatesmen.org/nigeria_const 1960. pdf https://constituteproject.org/constitution/Nigeria_ 2011? lang=en

North KoreaPrivacy RightsHistory

Article 79 of the Democratic People’s Republic of Korea 1972 constitution grants that citizens and homes are inviolable and that communications are private (Constitute Project, “Korea (Democratic People’s Republic of) 1972 rev. 2016” ).

https://constituteproject.org/constitution/Peoples_Republic_of_Korea_ 2016? lang=en

North MacedoniaPrivacy RightsHistory

Article 25 of the 1991 constitution states “Each citizen is guaranteed the respect and protection of the privacy of his/her personal and family life and of his/her dignity and repute.” Amendment XIX, altering Article 17, protects communications more heavily (Constitute Project, “North Macedonia 1991 rev. 2011” ).

https://constituteproject.org/constitution/Macedonia_ 2011? lang=en

NorwayPrivacy RightsHistory

Norway has had one constitution since 1814, though it has been amended many times. Article 102 gives everyone “the right to respect for his private and family life, his home and his correspondence” (Constitute Project, “Norway 1814 rev. 2016” ). However, it appears this was amended sometime after 2004, as the version with amendments through 2004 does not have this language in Article 102 (Constitute Project, “Norway 1814 rev. 2004” ).

https://constituteproject.org/constitution/Norway_ 2016? lang=en https://www.constituteproject.org/constitution/Norway_ 2004. pdf

OmanPrivacy RightsHistory

The Oman constitution, written in 1996, only constitutional protects the privacy of homes in Article 27 (Constitute Project, "Oman 1996 rev. 2011" ).

https://constituteproject.org/constitution/Oman_ 2011? lang=en

PakistanPrivacy RightsHistory

The 1973 constitution, reinstated in 2002, in Article 14 cites the inviolability of man’s dignity and privacy in the home as fundamental (Constitute Project, “Pakistan Constitution reinst. 2002, rev. 2018” ).

https://constituteproject.org/constitution/Pakistan_ 2018? lang=en