Semantic search
| Breakout | Right | Section | Contents |
|---|---|---|---|
| Palau | Privacy Rights | History | Article IV(4) of the 1981 constitution ensures “Every person has the right to be secure in his person, house, papers and effects against entry, search and seizure” (Constitute Project, “Palau 1981 rev. 1992" ). https://constituteproject.org/constitution/Palau_ 1992? lang=en |
| Panama | Privacy Rights | History | Article 28 of the 1904 constitution keeps documents private (University of Michigan, “Constitution of the Republic of Panama”). The 1972 constitution reflects the same tone toward the privacy of documents in Article 29. Article 26 grants the home inviolable, though there is no blanket protection of privacy rights in the 1972 constitution (Constitute Project, “Panama 1972 rev. 2004” ). https://babel.hathitrust.org/cgi/pt?id=mdp.35112104577715&view=1up&seq=12 https://constituteproject.org/constitution/Panama_ 2004? lang=en |
| Papua New Guinea | Privacy Rights | History | Under the basic rights prescribed under Section 5(f), all citizens have the “protection for the privacy of their homes and other property” (Constitute Project, Papua New Guinea 1975 rev. 2016) . Additionally, Article 49(1) gives “Every person has a right to reasonable privacy in respect of his private and family life, his communications with other persons and his personal papers and effects, except to the extent that the exercise of that right is regulated or restricted by law that complies with Section 38 (general qualifications on qualified rights).” https://constituteproject.org/constitution/Papua_New_Guinea_ 2016? lang=en |
| Paraguay | Privacy Rights | History | In the 1967 constitution, Article 68 makes the home inviolable, and Article 69 makes communications inviolable, barring investigation (International Foundation for Electoral Systems, “Constitution of the Republic of Paraguay 1967” . Today, according to Article 33 of the Paraguay Constitution, “Personal and family intimacy, as well as the respect of private life, is inviolable. The behavior of persons, that does not affect the public order established by the law or the rights of third parties[,] is exempted from the public authority.” Article 34 inviolably protects the home (Constitute Project, “Paraguay 1992 rev. 2011” ). https://constituteproject.org/constitution/Paraguay_ 2011? lang=en https://www.ifes.org/sites/default/files/con00138.pdf |
| Peru | Privacy Rights | History | Article 193 of the 1823 Constitution guaranteed the inviolability of the "security of person and domicile.". The same article asserted the "inviolability of letters." Article 31 of the 1920 Constitution guaranteed the inviolability of one's home against entry in the absence of a warrant from varying government officials: "The domicile is inviolable and may not be entered without first showing a warrant written by a justice or by the authority charged with preservation of public order. The officers of enforcement of sanitary and municipal ordinances may also enter the domicile. Both the ones and the others are obliged to show the warrant of their authority and to furnish a copy of the same when required to do so." Article 32 guaranteed the inviolability of correspondence. Today, Article 2(7) protects privacy rights in Peru for one’s honor, reputation, personal and family life, voice, and image (Constitute Project, “Peru 1993 rev. 2021” ). Similar rights appear to have been listed in Article 2 of the 1979 constitution, but an English translation could not be found. LEGUIA, A. B. “CONSTITUTION OF THE REPUBLIC OF PERU.” The Southwestern Political Science Quarterly 2, no. 1 (1921): 108. http://www.jstor.org/stable/42883893. http://hrlibrary.umn.edu/research/Peru-Constitucion%20 1979. pdf https://constituteproject.org/constitution/Peru_ 2021? lang=en Peru 1823 Constitution, from British and Foreign State Papers (1822-1823): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0010&id=738&men_tab=srchresults# |
| Philippines | Privacy Rights | History | The 1935 Constitution grants “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated” in Article III, Section 1(3) (Official Gazette, “The 1935 Constitution”). Today, similar language is used in Article II, Section 1(2) (Official Gazette, “The 1935 Constitution”). https://www.officialgazette.gov.ph/constitutions/the- 1935- constitution/ https://www.officialgazette.gov.ph/constitutions/ 1987- constitution/ |
| Poland | Privacy Rights | History | The 1921 Polish Constitution grants privacy in the home and communication in articles 100 and 106, respectively (Sejm Parliamentary Library, “Constitution of the Republic of Poland, March 17, 1921” ). Today, Article 47 of the 1997 constitution protects the general right to privacy in Poland: “Everyone shall have the right to legal protection of his private and family life, of his honour and good reputation and to make decisions about his personal life.” Articles 49 and 50 extend these protections to communications and the home (Constitute Project, “Poland 1997 rev. 2009” ). http://libr.sejm.gov.pl/tek01/txt/kpol/e 1921. html https://constituteproject.org/constitution/Poland_ 2009? lang=en |
| Portugal | Privacy Rights | History | Portugal’s first protection of privacy was in the 1976 constitution. Article 26(1) says “Everyone shall possess the right to a personal identity, to the development of their personality, to civil capacity, to citizenship, to a good name and reputation, to their likeness, to speak out, to protect the privacy of their personal and family life, and to legal protection against any form of discrimination.” Article 65 grants privacy in the home (Constitute Project, “Portugal 1976 rev. 2005) . https://constituteproject.org/constitution/Portugal_ 2005? lang=en |
| Qatar | Privacy Rights | History | From 1972- 2003, Qatar was ruled by a temporary constitution. In this document Article 12 granted the sanctity of dwellings (Al Meezan, “The Amended Provisional Constitution of 1972” ). Today, Article 37 of the Constitution claims “The sanctity of human privacy shall be inviolable, and therefore interference into privacy of a person, family affairs, home of residence, correspondence, or any other act of interference that may demean or defame a person may not be allowed save as limited by the provisions of the law stipulated therein” (Qatar Government Communications Office, “The Constitution”). https://www.gco.gov.qa/en/about-qatar/the-constitution/ https://www.almeezan.qa/LawView.aspx?opt&LawID=4360&language=en#Section_14176 |
| Republic of Ireland | Privacy Rights | History | Article 40(5) protects the inviolability of the dwelling (Constitute Project, “Ireland 1937 rev. 2017” ). This same protection was afforded in Article 7 of the Constitution of the Irish Free State from 1922 (electronic Irish Statute Book, “Constitution of the Irish Free State (Saorstát Eireann) Act, 1922” ). https://constituteproject.org/constitution/Ireland_ 2019? lang=en https://www.irishstatutebook.ie/eli/ 1922/ act/1/enacted/en/print |
| Republic of the Congo | Privacy Rights | History | The only mention of privacy rights today is that of the home in Article 20 of the 2015 Constitution (Constitute Project, “Congo (Republic of the) 2015” ). The same right appeared in the 2001 Constitution in Article 14 (Constitute Project, “Congo (Republic of the) 2001” ). https://constituteproject.org/constitution/Congo_ 2015? lang=en https://constituteproject.org/constitution/Congo_ 2001? lang=en |
| Romania | Privacy Rights | History | Today, Article 26 of the 1991 Romanian Constitution protects personal and family privacy: “(1) The public authorities shall respect and protect the intimate, family and private life” (Constitute Project, “Romania 1991 rev. 2003” ). Privacy may have been protected in earlier iterations of the constitution (i.e., 1952, 1965, etc.), but English translations could not be found. https://constituteproject.org/constitution/Romania_ 2003? lang=en |
| Russia | Privacy Rights | History | In 1906, the Fundamental Laws of the Russian Empire were the first to grant Russians “sanctity of the home and property.” This was the first time Russians were granted civil liberties (Boris Yeltsin Presidential Library, “‘Fundamental Laws of the Russian Empire’ Approved”). |
| Rwanda | Privacy Rights | History | The right to privacy in Rwanda is protected by Articles 23 and 34. Article 23 states “The privacy of a person, his or her family, home or correspondence shall not be subjected to interference in a manner inconsistent with the law; the person's honour and dignity shall be respected. A person's home is inviolable. No search or entry into a home shall be carried out without the consent of the owner, except in circumstances and in accordance with procedures determined by the law.” Article 34 states “Private property, whether owned individually or collectively, is inviolable” (Constitute Project, "Rwanda 2003 rev. 2015" ). https://constituteproject.org/constitution/Rwanda_ 2015? lang=en |
| Saint Kitts and Nevis | Privacy Rights | History | Chapter II, Protection of Fundamental Rights and Freedoms, of the 1983 constitution entitles everyone to fundamental rights, including “protection for his personal privacy, the privacy of his home and other property and from deprivation of property without compensation” (Constitute Project, “Saint Kitts and Nevis 1983” ). https://constituteproject.org/constitution/St_Kitts_and_Nevis_ 1983? lang=en |
| Saint Lucia | Privacy Rights | History | Chapter I, Protection of Fundamental Rights and Freedoms, of the 1978 constitution immediately grants every person in St. Lucia “protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without compensation” (Constitute Project, “Saint Lucia 1978” ). https://constituteproject.org/constitution/St_Lucia_ 1978? lang=en |
| Saint Vincent and the Grenadines | Privacy Rights | History | In the preamble of their only constitution to date, Vincentians are promised safeguards to “the rights of privacy of family life, of property, and the fostering of the pursuit of just economic rewards for labor.” This is reaffirmed in Article 1 with the granting of fundamental rights and freedoms (Constitute Project, “Saint Vincent and the Grenadines 1979” ). https://constituteproject.org/constitution/St_Vincent_and_the_Grenadines_ 1979? lang=en |
| Samoa | Privacy Rights | History | There is no mention of privacy rights in the constitution, which has been updated as recently as 2017 (Constitute Project, “Samoa 1962 rev. 2017” ). Section 50(2) of the Telecommunications Act 2005 protects the privacy of telecommunications customers (Samoa). This was the earliest found reference to privacy rights in Samoa. https://www.constituteproject.org/constitution/Samoa_ 2017? lang=en https://www.regulator.gov.ws/images/Act/TELECOMMUNICATIONS_ACT_ 2005_ -_Eng.pdf |
| San Marino | Privacy Rights | History | The 1974 Declaration of Citizens' Rights and of the fundamental principles of the San Marinese legal order is the first time privacy rights are alluded to in San Marino. Art. 6 grants civil and political liberties. It does not grant privacy except in communications. https://www.legislationline.org/documents/section/constitutions/country/6/San%20Marino/show |
| Saudi Arabia | Privacy Rights | History | The 1992 Saudi Constitution does not explicitly protect privacy but claims privacy in communications and homes in Articles 37 and 40 (Constitute Project, “Saudi Arabia’s Constitution of 1992 with Amendments through 2005” ). https://constituteproject.org/constitution/Saudi_Arabia_ 2013? lang=en |
| Senegal | Privacy Rights | History | Senegal does not explicitly protect the right to privacy in its constitution. Article 7 of the 2001 constitution makes the claim to protect human rights but does not call out privacy. Article 13 provides for private correspondence and Article 16 makes the domicile inviolable (Constitute Project, “Senegal 2001 rev. 2016” ). https://constituteproject.org/constitution/Senegal_ 2016? lang=en |
| Serbia | Privacy Rights | History | The 2006 Serbian Constitution does not protect the right to privacy outright but allows for privacy in communication and data collection/sharing in Articles 41 and 42 (Constitute Project, “Serbia 2006” ). https://constituteproject.org/constitution/Serbia_ 2006? lang=en |
| Seychelles | Privacy Rights | History | The 1976 Independence Constitution of Seychelles, under Chapter 3, Article 12(c) gives individuals privacy of their home and other property (Citizenship Rights in Africa Initiative, “Constitution of Seychelles, 1976” ). https://citizenshiprightsafrica.org/constitution-of-seychelles- 1976/ |
| Sierra Leone | Privacy Rights | History | The 1978 constitution protected the privacy of the home and property under Article 12 (The Laws of Sierra Leone on the Sierra Leone Web, “The Constitution of Sierra Leone, 1978” ). http://www.sierra-leone.org/Laws/ 1978- 12s.pdf |
| Singapore | Privacy Rights | History | No part of the constitution mentions a right to privacy (Privacy International, “The Right to Privacy in Singapore”). There are also no specific laws governing privacy within the state. https://privacyinternational.org/sites/default/files/ 2017- 12/Singapore_UPR_PI_submission_FINAL.pdf |
| Slovakia | Privacy Rights | History | Article 16(1) of the 1992 constitution states “The inviolability of the person and its privacy is guaranteed. It may be limited only in cases laid down by law” (Constitute Project, “Slovakia 1992 rev. 2017) . Sections 2 and 3 of Article 19 protect private life and data collection and publication (Constitute Project, “Slovakia 1992 rev. 2017) . Article 21 claims the home is inviolable, while Article 22 protects communications (Constitute Project, “Slovakia 1992 rev. 2017) . https://constituteproject.org/constitution/Slovakia_ 2017? lang=en |
| Slovenia | Privacy Rights | History | Articles 35 and 36 of the constitution speak to the right to privacy in Slovenia. Article 35 says “The inviolability of the physical and mental integrity of every person, his privacy and personality rights shall be guaranteed” (Constitute Project, “Slovenia 1991 rev. 2016” ). Article 36 says “Dwellings are inviolable. No one may, without a court order, enter the dwelling or other premises of another person, nor may he search the same, against the will of the resident. Any person whose dwelling or other premises are searched has the right to be present or to have a representative present. Such a search may only be conducted in the presence of two witnesses. Subject to conditions provided by law, an official may enter the dwelling or other premises of another person without a court order, and may in exceptional circumstances conduct a search in the absence of witnesses, where this is absolutely necessary for the direct apprehension of a person who has committed a criminal offence or to protect people or property” (Constitute Project, “Slovenia 1991 rev. 2016” ). https://constituteproject.org/constitution/Slovenia_ 2016? lang=en |
| Solomon Islands | Privacy Rights | History | Article 9 of the Solomon Islands Constitution protects the privacy of the home and other property: “Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.” (Constitute Project, “Solomon Islands 1978 rev. 2018” ). https://constituteproject.org/constitution/Solomon_Islands_ 2018? lang=en |
| Somalia | Privacy Rights | History | Article 28 of the 1960 Constitution of Somalia grants “respect for the private home” in which "no home or private property of any one (sic) may be entered into or violated, save in the cases mentioned in Paragraphs 2, 3 and 5 of Article 25” (World Intellectual Property Organization, “The Constitution”). |
| South Africa | Privacy Rights | History | The 1993 Interim Constitution of South Africa was the first to grant privacy rights. The right to privacy includes “the right not to be subject to searches of his or her person, home or property, the seizure of private possessions or the violation of private communications” (South African Government, “Constitution of the Republic of South Africa Act 200 of 1993” ). Today, the 1996 Constitution offers similar protections in Article 14 (Constitute Project, “South Africa 1996 rev. 2012) . https://www.gov.za/documents/constitution/constitution-republic-south-africa-act-200- 1993# 13%20Privacy https://constituteproject.org/constitution/South_Africa_ 2012? lang=en |
| South Korea | Privacy Rights | History | Under the first constitution of the Republic of Korea in 1948, Articles 17 and 18 grant the right to privacy. Neither the privacy of a citizen nor communication may be infringed (Constitute Project, “Korea (Republic of) 1948 rev. 1987” ). https://constituteproject.org/constitution/Republic_of_Korea_ 1987? lang=en |
| South Sudan | Privacy Rights | History | Article 22 of the 2011 South Sudan constitution protects the right to privacy: “The privacy of all persons shall be inviolable; no person shall be subjected to interference with his or her private life, family, home or correspondence, save in accordance with the law” (Constitute Project, “South Sudan 2011 rev. 2013” ). https://constituteproject.org/constitution/South_Sudan_ 2013? lang=en |
| Spain | Privacy Rights | History | The 1978 Spanish Constitution was the first to present privacy rights in Spain. Section 19(1) protects “the right to honour, to personal and family privacy and to the own image,” while 19(2) protects the home, and 19(4) explicitly grants data privacy (Constitute Project, “Spain 1978 rev. 2011” ). https://constituteproject.org/constitution/Spain_ 2011? lang=en |
| Sri Lanka | Privacy Rights | History | Sri Lanka’s constitution does not protect the right to privacy, though privacy is mentioned briefly in Article 14A(2) (Constitute Project, “Sri Lanka 1978 rev. 2015” ). Sri Lanka is also lacking comprehensive privacy legislation, instead opting to write in provisions when regulating other industries (Data Guidance, “Sri Lanka – Data Protection Overview”). https://constituteproject.org/constitution/Sri_Lanka_ 2015? lang=en https://www.dataguidance.com/notes/sri-lanka-data-protection-overview |
| Sudan | Privacy Rights | History | Privacy rights first appear in the 1973 Sudanese Constitution. Article 42 states “the private life of citizens is inviolable. The state shall guarantee the freedom and secrecy of postal, telegraphic, and telephonic communications in accordance with the law.” Article 43 protects dwellings in the same manner (The Democratic Republic of Sudan Gazette, “The Permanent Constitution of Sudan”). Today, these protections are combined into Article 55 of the 2019 Constitution, in which “No one’s privacy may be violated. It is not permissible to interfere in the private or family life of any person in his home or correspondence, except in accordance with the law” (Constitute Project, "Sudan 2019" ). https://www.righttononviolence.org/mecf/wp-content/uploads/ 2012/ 01/Constitution-Sudan- 1973- +-amendment- 1975. pdf https://constituteproject.org/constitution/Sudan_ 2019? lang=en |
| Suriname | Privacy Rights | History | The 1975 Suriname Constitution protected the home and private life in Article 14 (Inter-American Commission on Human Rights, 1983, “Report on the Human Rights Situation in Suriname”). Today, these rights are protected under Article 17 of the 1987 Constitution (Constitute Project, “Suriname 1987 rev 1992” ). https://constituteproject.org/constitution/Surinam_ 1992? lang=en http://www.cidh.org/countryrep/Suriname83eng/chap.1.htm |
| Sweden | Privacy Rights | History | Constitutionally, privacy rights were introduced with the 1974 Swedish Constitution. Articles 2 and 6 present the right to privacy, while Article 20 allows the provisions in Article 6 to have some limitations (Constitute Project, “Sweden’s Constitution of 1974 with Amendments through 2012” ). Sweden was also the first to introduce data privacy rights with the Data Act in 1973 (GDPRHub, “Data Protection in Sweden”). https://www.constituteproject.org/constitution/Sweden_ 2012. pdf?lang=en https://gdprhub.eu/Data_Protection_in_Sweden |
| Switzerland | Privacy Rights | History | The 1992 Federal Act on Data Protection was the first formal protection of privacy in Switzerland (DLA Piper, “Data protection laws of the world: Switzerland”). This law has since been revised, but since then, the right to privacy was added to the 1999 Swiss Constitution in Article 13 (Constitute Project, “Switzerland 1999 rev. 2014” ). https://www.dlapiperdataprotection.com/index.html?t=law&c=CH https://constituteproject.org/constitution/Switzerland_ 2014? lang=en |
| Syria | Privacy Rights | History | The right to privacy was limited in the 1973 constitution, preventing only the private seizure of private property without judicial ruling (Carnegie Middle East Center, “The Syrian Constitution – 1973- 2012” ). Today, Articles 36 and 37 of the 2012 Constitution protect privacy rights. Article 36 protects private life and Article 37 protects communications (Constitute Project, “Syrian Arab Republic 2012” ). https://constituteproject.org/constitution/Syria_ 2012? lang=en https://carnegie-mec.org/diwan/50255?lang=en |
| São Tomé and Príncipe | Privacy Rights | History | Article 24 of the 1975 Constitution, still in effect today, states “Personal identity and the confidentiality of the intimacy of private and family life are inviolable” (Constitute Project, Sao Tome and Principe 1975 rev. 2003) . Additionally, Article 25 grants that communications and one’s home are also private (Constitute Project, Sao Tome and Principe 1975 rev. 2003) . https://constituteproject.org/constitution/Sao_Tome_and_Principe_ 2003? lang=en |
| Tajikistan | Privacy Rights | History | Articles 22 and 23 of the 1994 Tajikistan constitution protect the right to privacy. Article 22 makes the home inviolable, and Article 23 forbids “The collection, storage, use, and dissemination of information about private life of a person without his consent” (Constitute Project, “Tajikistan 1994 rev. 2016” ). https://constituteproject.org/constitution/Tajikistan_ 2016? lang=en |
| Tanzania | Privacy Rights | History | The 1965 constitution of Tanzania did not explicitly provide for privacy but defaulted “to safeguard the inherent dignity of the individual in accordance with the Universal Declaration of Human Rights” during the preamble (World Statesmen, “The Interim Constitution of Tanzania”). Today, the 1997 constitution (as amended in 2005) privacy and personal security in Article 16 (Constitute Project, “Tanzania’s Constitution of 1977 with Amendments through 2005” ). http://www.worldstatesmen.org/Tanzania-Constitution- 1965. pdf https://constituteproject.org/constitution/Tanzania_ 2005? lang=en |
| Thailand | Privacy Rights | History | The earliest mention of privacy is the 1997 constitution of Thailand. While they have had many constitutions since 1932, the earliest translation found was that of the 1997 text. Section 34 protects “A person’s family rights, dignity, reputation or the right of privacy” unless it is beneficial to the public (Ref World, “Constitution of the Kingdom of Thailand”). |
| The Bahamas | Privacy Rights | History | Article 15(c) protects the right to privacy in one’s home. Article 21 extends this right to exist during searches (Constitute Project, “Bahamas (The) 1973” ). https://constituteproject.org/constitution/Bahamas_ 1973? lang=en |
| The Gambia | Privacy Rights | History | Article 23 of the 1996 constitution says, “No person shall be subject to interference with the privacy of his or her home, correspondence or communications save as is in accordance with law and is necessary in a democratic society in the interests of national security, public safety of the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights and freedoms of others” (Constitute Project, “Gambia (The) 1996 rev. 2018” ). https://constituteproject.org/constitution/Gambia_ 2018? lang=en |
| Togo | Privacy Rights | History | Articles 27, 28, and 29 in the 1992 Togolese Constitution protect private property, the home, private life, and image, and correspondence. Article 28 is explicit to the right to privacy, while Articles 27 and 29 fit into the privacy penumbras subscribed by the United States (Constitute Project, “Togo’s Constitution of 1992 with Amendments through 2007” ). https://constituteproject.org/constitution/Togo_ 2007? lang=en |
| Tonga | Privacy Rights | History | The Tonga constitution was written in 1875. Under Article 16, privacy is granted during searches, except for lawfully granted searches through a warrant (Constitute Project, “Tonga’s Constitution of 1875 with Amendments through 2013” ). https://constituteproject.org/constitution/Tonga_ 2013. pdf?lang=en |
| Trinidad and Tobago | Privacy Rights | History | The 1976 constitution does not explicitly protect the right to privacy. However, Article 4 protects fundamental human rights, such as “the right of the individual to respect for his private and family life” and protection of the law (Constitute Project, “Trinidad and Tobago 1976 rev. 2007" ). https://www.constituteproject.org/constitution/Trinidad_and_Tobago_ 2007? lang=en |
| Tunisia | Privacy Rights | History | In 1959, the constitution granted the right to privacy in Article 9. At some point between then and 2008, this article was amended to protect personal data, reflecting the changes in privacy rights with new technologies (Constitute Project, “Tunisia 1959 rev. 2008" ). https://www.constituteproject.org/constitution/Tunisia_ 2008? lang=en |
| Turkey | Privacy Rights | History | The 1924 Turkish Constitution protects personal liberty except for the provision of law under Article 72 (World Statesmen, “The New Constitution of Turkey”). Article 71 protects the inviolability of the home, life, property, and honor. Article 81 allows for private communications. |