Privacy Rights

History | Legal Codification | Philosophical Origins | Culture and Politics | Conflicts with other Rights | Limitations / Restrictions | Utilitarian / Fairness Assessments | Looking Ahead | Policy Recommendations
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What is the oldest source in any country that mentions this right? 🖉 edit

Most sources say that the first mention of this right is "The Right to Privacy" written by Samuel Warren and Louis Brandeis and published in the Harvard Law Review in 1890. Both were Boston attorneys and Brandeis would go on to serve as a United States Supreme Court Justice for 23 years (Louis Brandeis, n.d.). In this essay, they note that the legal scope of rights broadens over time and posit that the right to life has expanded to “the right to be let alone,” which had become an increasingly difficult feat with new technologies (Warren & Brandeis, 1890, 193, 195). Warren and Brandeis (1890) acknowledge that, at the time, there was little-to-no legal protection of this right. They look at defamation law and determine while it alludes to privacy law, there are limitations to privacy protection from this area of law as it only considers a damaged reputation, not instances in which an individual wishes something remained secret (Warren & Brandeis, 1890, 197; Bycer, 2014). They also looked at copywriting and publishing law, which only applies to one’s own work (Warren & Brandeis, 1890, 199). They determine that the right to privacy can extend beyond these areas of law as the right should be able to wholly prevent the depiction of private life (Warren & Brandeis, 1890, 218). In the last part of this essay, they set out limitations to the right of privacy – privileged information remains under defamation law (to allow for the operation of courts), privacy ceases with consent to publish, gossip is not in the realm of privacy law, and intention and truth do not prevent a breach of such right. However, Warren and Brandeis cite at least two instances that predate The Right to Privacy which discuss the right to privacy. The earliest is the citing of an 1820 statement from Lord Cottenham, who, in agreement with Lord Eldon, felt that were a king’s illnesses recorded by a doctor and published while that king was still alive, a court would not permit its publishing, as he claimed this circumstance would breach the king’s privacy (Warren & Brandeis, 1890, 205; Bycer, 2014). Additionally, they acknowledge that the right to privacy has already been regulated in France since 1868. Section 11 of the 1868 Loi Relative à la Presse (Press Law) says that all periodic writings about a private fact of life are violations punishable by a fine of 500 francs. Pursuit of the violation may only be undertaken by the affected party (Warren & Brandeis, 1890, 214, footnote 1). Beyond what Warren & Brandeis cited as earlier mentions, there was also the 1801 Haitian Constitution which provided the home was inviolable from government invasion in Article 63 (Theodore, 2000).

REFERENCES:

Bycer, M. (2014). Understanding the 1890 Warren and Brandeis “The Right to Privacy” Article. National Juris University. Retrieved Sept. 10, 2021, from https://nationalparalegal.edu/UnderstandingWarrenBrandeis.aspx

Louis Brandeis. (2020, Nov. 9). Britannica. Retrieved Sept. 8, 2021, from https://www.britannica.com/biography/Louis-Brandeis

Theodore, Charmant. (2000). Haitian Constitution of 1801 (English). Louverture Project. http://thelouvertureproject.org/index.php?title=Haitian_Constitution_of_1801_(English)

Warren, S. & Brandeis, L. (1890, Dec. 15). "The right to privacy." Harvard Law Review 4(5), 193-220. http://links.jstor.org/sici?sici=0017-811X%2818901215%294%3A5%3C193%3ATRTP%3E2.0.CO%3B2-C

What historical forces or events, if any, contributed to a widespread belief in its importance? 🖉 edit

The right to privacy accentuates the belief that a citizen’s private information should be fundamentally protected from public scrutiny. With the rapid evolution of technology brings the consequence of third party control on personal information, inspiring pivotal debate on a right that is not explicitly mentioned in the constitution: privacy. In 2012 it became evident that due process and regulations on the collection and use of private information have also evolved (Jones, 2009, 1).

Expectations on privacy rights fluctuate depending on situational factors and the circumstance of state and federal governments. Historically, both state and federal laws have the power to ultimately limit individual privacy rights with a justification of creating a “safer public'' (Jones, 2009, 2). Although not specifically spelled out in the constitution, privacy is oftentimes implied, as it is embedded in the first, third, fourth, fifth, ninth and fourteenth amendments. For example, the first amendment clearly outlines that citizens should have the freedom to hold any type of religious belief and keep those beliefs private. The third amendment then protects the right to privacy of a citizen’s home (Brandeis, 1890). The fourth further expands on privacy in regards to the protection of the home from unreasonable searches and seizures by the government. The fifth legitimizes the right against self-incrimination, justifying the right to private information.

Furthermore, the ninth amendment which states that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,” has been established by the Supreme Court as a right to privacy in cases such as Griswold v Connecticut (1965) (Garrow, 2001, 57). Lastly, the fourteenth amendment, one of the nation’s most cherished amendments, protects citizens from state laws that may infringe upon personal autonomy. In addition, its due process clause is reflective of the fifth amendment in terms of fundamental rights and procedural protections of life liberty and property (Chapman, 2022). From these amendments, the “right to privacy” is inferred or enumerated similarly to other rights like the First Amendment’s right to assembly or the third amendment's right to be free from quartering soldiers.

Interestingly enough, a legal definition of privacy does not exist and the world itself is perceived differently across international borders. In the United Kingdom Calcutt Committee on privacy suggests its own definition for privacy in Britain being “The right of the individual to be protected against intrusion into his personal life or affairs, or those of his family by direct physical means, or by publication of information” (Jones, 2009, 1). Through another lens, Samuel Warren and Louis Brandeis, in their 1890 The Right to Privacy article, characterized tangible and intangible aspects of privacy. They concluded that the fundamental purpose of their law review was to highlight that “the individual shall have full protection in person and in property,” acknowledging the fluidity of social, economic and political changes (Garrow, 2001, 64). Most specifically the justices discussed “the right to be let alone,” while examining cases of defamation, property and patents. Brandeis characterizes threats to protection of privacy as invasions of the “sacred precincts of private and domestic life” (Brandeis-Warren, 197, 1890). However, both Warren and Brandeis summarized a vague set of limitations of the newly coined right to privacy, emphasizing the importance of general or public interest. For example, the right to privacy cannot prohibit any publication of information that would be advantageous to the public such as a leader's fitness for federal office (Brandeis-Warren, 196, 1890). Some of the most noteworthy and high profile cases acknowledging the need for protection of privacy other than previously mentioned Griswold v Connecticut are Roe v. Wade (1973), and Lawrence v. Texas (2003).

Another major decision further considering a citizen’s right to privacy was held in a 6-3 ruling (Lawrence v Texas) that citizens are protected by the constitution to have sexual privacy, consensual, adult sexual intimacy in the home without government intrusion. Being so, the Texas "homosexual conduct" law was declared uncconsitutional and thereafter same-sex sexual activity became legal in every U.S. state and territory (Jones, 2009, 17). However, prior to 9/11 governmental interference regarding privacy was not as much of a widespread concern. According to Pew Research Center currently, approximately 63% of Americans believe that the government collects data on their daily lives and that they have little control over how these entities use their personal information.

The public continues to express worries regarding their digital privacy. These concerns first stemmed from legislation during the “War on Terror”, that impacted all sectors of life. The New York City Police Department along with Departments in other majorly populated cities vouched to install surveillance cameras on the streets to halt both terrorism and street crimes (Jones, 2009, 18). The NYCPD alone installed approximately 500 surveillance cameras in the Brooklyn Borough. Terrorism became an issue of national security fully executed by the federal government. Therefore, now rather than state governments and local leaders’ influence of privacy rights, Washington launched strict prevention programs and legislation like the Total Information Awareness project (TIA), The Patriot Act and the Terrorist Information and Prevention Systems (TIPS) (Pozen, 2016, 236). The collection of average citizens data like phone numbers, credit card transactions, online activity financial records and medical records would be categorized analytically to measure linkage that individual could have with terrorism. In addition the TIA was also given the ability by law to gather information on its own including consumer data. However in 2003 over concerns about civil rights, this initiative was stopped until proven that it is needed. However, the most controversial legislation, championed in 2002 by Attorney General John Ashcrof, was the Patriot act. Its notable provisions being: enhanced sentences for terrorist related crimes, elimination of the statute of limitation for certain terrorist crimes, ability of law enforcement to obtain a warrant anywhere a terror related incident occurs (Pozen, 2016, 237). Many critics such as Belgian sociologist Jean-Claude Paye (2006) claim that the patriot act has infiltrated emergency initiatives permanently into the U.S federal law, giving the executive branch an overwhelming amount of power over private rights (Jones, 2009, 19). For example, under the Patriot Act's article 215 and 216 the government has the ability to conduct mass surveillance of Americans' telephone records while also allowing federal judges to issue warrants in order to acquire any exchange of electronic connection data. Is there a way to prevent terrorism but protect civil liberty and privacy rights at the same time? If citizens were more informed of their privacy rights, a solution to this highly debated discrepancy would be more attainable. There is an obvious lack of understanding when it comes to privacy laws among the average American citizen, as 78% of them stated they understand very little or nothing at all about the regulations surrounding their data privacy (Auxier, 2019). Overall, as we as citizens become more engulfed by a data driven environment, “the right to privacy” will continue evolving as a core issue of debate in Washington. George Orwell, in his “cautionary commentary” 1984, carefully warns his readers of their dwindling rights: “ They could spy upon you night and day, but if you kept your head, you could still outwit them. With all their cleverness, they had never mastered the secret of finding out what another human being was thinking.”

Sources:

Chapman, Nathan, S, Yoshino, Kenji, “The Fourteenth Amendment Due Process Clause.” Interpretation: The Fourteenth Amendment Due Process Clause - The National Constitution Center (2022) Accessed June 13, 2022. https://constitutioncenter.org/interactive-constitution/interpretation/amendment-xiv/clauses/701.

GARROW, DAVID J. “Privacy and the American Constitution.” Social Research 68, no. 1 (2001): 55–82. http://www.jstor.org/stable/40971438.

Head, Tom. “Does the Government Guarantee a Right to Privacy?” ThoughtCo. ThoughtCo, October 28, 2019. Last modified October 28, 2019. Accessed June 13, 2022. https://www.thoughtco.com/right-to-privacy-history-721174.

Jones, Jesse. “The Birth of Big Brother: Privacy Rights in a Post-9/11 World.” West Texas A&M University, 2009. Last modified 2009. Accessed June 13, 2022. https://www.wtamu.edu/webres/File/Academics/College%20of%20Education%20and%20Social%20Scie nces/Department%20of%20Political%20Science%20and%20Criminal%20Justice/PBJ/2009/1n1/1n1_03J ones.pdf.

Pozen, David E. “Privacy-Privacy Tradeoffs.” The University of Chicago Law Review 83, no. 1 (2016): 221–47. http://www.jstor.org/stable/43741598. Samuel Warren and Louis Brandeis, “The Right to Privacy”, 1890

What is the oldest written source in this country that mentions this right?

Afghanistan 🖉 edit

The 1964 Afghan Constitution protected only the right to privacy in the home in Article 28 (“Afghanistan 1964 Constitution”). Today, Article 38 offers similar protections and Article 37 protects communications (Constitute Project, “Afghanistan 2004 Constitution”).

References:

1964 Afghanistan Constitution: https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish

2004 Afghanistan Constitution: https://www.constituteproject.org/constitution/Afghanistan_2004?%20lang=en

Albania 🖉 edit

In the 1928 Fundamental Statute of the Kingdom of Albania, Article 196 guaranteed the privacy of the home, and Article 201 addressed privacy of correspondence: "The secrecy of correspondence, telegraph and telephone messages is inviolable, except in case of war mobilisation, revolution and the investigation of serious crimes." The 1976 Constitution offered guarantees using similar language, in Articles 57 and 58.

Today, privacy is guaranteed in Articles 35 (data), 36 (correspondence), and 37 (home) of the 1998 constitution (Constitute Project, “Albania 1998 rev. 2016”).

References:

1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html

1976: Albania Constitution: https://data.globalcit.eu/NationalDB/docs/ALB%20The%20Constitution%20of%20the%20Peoples%20Socialist%20Republic%20of%20Albania%201976.pdf

1998: Albania Constitution: https://www.constituteproject.org/constitution/Albania_2016?lang=en.

Algeria 🖉 edit

Today, the 2020 constitution protects the inviolability of the domicile in Article 47 and, in Article 46, private life and private communication (Constitute Project, “Algeria 2020”). Previously, these rights were protected in the 1976 Constitution in Articles 39 and 40 (International Constitutional Law Project, Algeria Constitution”).

References:

2020 Algeria Constitution: https://constituteproject.org/constitution/Algeria_2020

1976 Algeria Constitution: https://www.servat.unibe.ch/icl/ag00000_.html

Andorra 🖉 edit

Articles 14 and 15 of the first and only Andorran constitution protect privacy in the state. Article 14 protects privacy, honor, and reputation, while Article 15 protects the home and communications (Constitute Project, “Andorra 1993”).

https://constituteproject.org/constitution/Andorra_1993?lang=en

Angola 🖉 edit

Article 24 of the 1975 Constitution stated: "The People's Republic of Angola guarantees individual freedoms, namely the inviolability of the home and the privacy of correspondence, subject to the limits expressly provided for by law." Today, privacy rights are protected in Articles 32 (personal and family life), 33 (home), and 34 (correspondence and communication) of the 2010 constitution.

References:

1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197

2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010

Antigua and Barbuda 🖉 edit

In the constitution, Article 3, Section C protects the right to privacy in personal and family life, as well as the home.

References:

“Republic of Antigua and Barbuda / República Del Antigua y Barbuda Constitution of 1981 Constituciones De 1981.” Antigua and Barbuda: Constitution, 1981: https://pdba.georgetown.edu/Constitutions/Antigua/antigua-barbuda.html.

Argentina 🖉 edit

Articles 18 & 19 of the 1853 constitution protect privacy. Article 18(2) reads, “The residence is inviolable, as are letters and private papers; and a law shall determine in what cases and for what reasons their search and seizure shall be allowed,” while Article 19 reads, “The private actions of men that in no way offend public order or morality, nor injure a third party, are reserved only to God, and are exempt from the authority of the magistrates” (Constitute Project, “Argentina 1853, reinst. 1983, rev. 1994”).

References:

https://www.constituteproject.org/constitution/Argentina_1994

Armenia 🖉 edit

The 1995 Armenian constitution protects several elements of the right to privacy in Articles 20-21. Article 20 states: "Everyone is entitled to defend his or her private and family life from unlawful interference and defend his or her honor and reputation from attack. The gathering, maintenance, use and dissemination of illegally obtained information about a person's private and family life are prohibited. Everyone has the right to confidentiality in his or her correspondence, telephone conversations, mail, telegraph and other communications, which may only be restricted by court order." Article 21 concerned privacy in the home: "Everyone is entitled to privacy in his or her own dwelling. It is prohibited to enter a person's dwelling against his or her own will except under cases prescribed by law. A dwelling may be searched only by court order and in accordance with legal procedures." The 2005 amendments to the Constitution of Armenia added language more explicitly focused on state-collected data and information: "Everyone shall have the right to become acquainted with the data concerning him/her available in the state and local self-government bodies. Everyone shall have the right to correction of any non-verified information and elimination of the illegally obtained information about him/her."

Articles 31-34 of the Constitution of Armenia as amended in 2015 offered further details about these rights. Article 34 created more firmly articulated data rights: "1. Everyone shall have the right to protection of data concerning him or her. 2. The processing of personal data shall be carried out in good faith, for the purpose prescribed by law, with the consent of the person concerned or without such consent in case there exists another legitimate ground prescribed by law. 3. Everyone shall have the right to get familiar with the data concerning him or her collected at state and local self-government bodies and the right to request correction of any inaccurate data concerning him or her, as well as elimination of data obtained illegally or no longer having legal grounds. 4. The right to get familiar with personal data may be restricted only by law, for the purpose of state security, economic welfare of the country, preventing or disclosing crimes, protecting public order, health and morals or the basic rights and freedoms of others. 5. Details related to the protection of personal data shall be prescribed by law." Finally, in 2015 the Constitution specified the conditions under which these rights might be restricted by the law, asserting that they "may be restricted only by law, for the purpose of state security, economic welfare of the country, preventing or disclosing crimes, protecting public order, health and morals or the basic rights and freedoms of others."

References:

"Constitution of the Republic of Armenia" (1995): http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng

"Constitution of the Republic of Armenia (with the Amendments of 27 November 2005)": http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng

"Amendments to the Constitution of the Republic of Armenia" (2015): http://www.parliament.am/legislation.php?sel=show&ID=5805&lang=eng

Australia 🖉 edit

Australia ratified the ICCPR in 1980, a treaty that includes privacy rights. According to the Australian Human Rights Commission: "The right to privacy under the ICCPR includes a right to private life (including intimate behaviour between consenting adults), as confirmed for example by the UN Human Rights Committee in Toonen v Australia." Though there is no federal right to privacy, some regions of Australia have extended regional protections, such as the ACT Human Rights Act of 2004.

References:

Australian Human Rights Commission: https://humanrights.gov.au/our-work/rights-and-freedoms/how-are-human-rights-protected-australian-law

ACT Human Rights Commission: https://www.hrc.act.gov.au/humanrights/rights-protected-in-the-act/right-to-privacy-and-reputation

Austria 🖉 edit

According to the Austrian Embassy in Washington, D.C., the ratification of the ECHR by Austria in 1958 gave the treaty constitutional law standing in the state. The ECHR is what protects the right to privacy in Austria.

References:

https://www.austria.org/human-rights-and-the-council-of-europe

Azerbaijan 🖉 edit

Today, Article 32 of the 1995 constitution protects privacy. It is quite detailed but protects personal privacy, family life, personal information, and correspondence. Article 33 extends privacy rights to the residence (Constitute Project, “Azerbaijan 1995 rev. 2016”).

References:

“Azerbaijan 1995 (rev. 2016).” Constitute. https://www.constituteproject.org/constitution/Azerbaijan_2016

Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971.

The Bahamas 🖉 edit

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

Bahrain 🖉 edit

Articles 25 & 26 of the 1973 Bahrain Constitution protect privacy in the home and all types of communication. Article 25 states: "Places of residence shall be inviolable. They may not be entered or searched without the permission of their occupants except in the circumstances and manner specified by the law." Article 26 states: "Freedom of postal, telegraphic and telephonic communications and the secrecy thereof shall be guaranteed. No communications shall be censored nor the contents thereof revealed except in cases of necessity prescribed by the law and in accordance with the procedures and guarantees stated therein."

References:

“Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html

Bangladesh 🖉 edit

Article 43 of the 1972 Bangladesh Constitution grants the right to privacy in the home and correspondence: "Every citizen shall have the right, subject to any reasonable restrictions imposed by law in the interests of the security of the State, public order, public morality or public health- (a) to be secured in his home against entry, search and seizure; and to the privacy of his correspondence and other means of communication."

References:

http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf

Barbados 🖉 edit

Article 11(b) of the 1966 Barbados Constitution grants every person in Barbados privacy of their home. Article 20(1) prevents interference in correspondence, and Article 20.2(b) affirmed the State's authority in enforcing laws "protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence...."

References:

https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html#ch1

Belarus 🖉 edit

Article 28 of the 1994 Belarus Constitution asserts protection of many elements of private life, including communications and correspondence. Article 29 asserts protection of the status of the home.

References:

1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults

1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e

Belgium 🖉 edit

Article 11 of the 27 October 1830 Draft Constitution of Belgium articulated a defense of the right to privacy in the home, and Article 27 did the same for privacy of correspondence. Articles 10 and 22 of the 1831 Belgium Constitution guaranteed privacy in the home and correspondence, respectively.

References:

English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults

1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831

Belize 🖉 edit

In its only constitution since its independence, Belize protects privacy rights in Article 3(c). It protects family life, personal privacy, one’s home, and their dignity (Constitute Project, “Belize 1981 rev. 2011”).

References:

1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html

Benin 🖉 edit

Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed the privacy of correspondence, telegraphy, and communication over the telephone, conditioned by respect for public order.

The inviolability of the domicile was guaranteed in Article 10 of the 1964 Constitution of the Republic of Dahomey, and the privacy of correspondence was guaranteed in Article 11 of the 1964 Constitution.

The 1990 constitution protects privacy in the home and of correspondence in Articles 20 and 21, respectively.

References:

1959 Constitution of the Republic of Dahomey: "Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=#

1964 Constitution of the Republic of Dahomey: English translation of the French original text fo the Constitution of 1964 152 (2011) Title II: The Rights and Duties of the Citizen: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbj0002&id=2&men_tab=srchresults

1990 Constitution of the Republic of Benin: https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf

Bhutan 🖉 edit

In 2008, a new constitution was passed, which protected privacy rights in Article 19. Article 19 reads: "A person shall not be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence nor to unlawful attacks on the person's honour and reputation.”

References:

Bhutan 2008 Constitution: https://www.constituteproject.org/constitution/Bhutan_2008

Bolivia 🖉 edit

Article 147 of the 1826 Draft Constitution for the Republic of Bolivia protected the inviolability of the home, as did Article 152 of the 6 November 1826 Constitution.

Article 160 of the 1831 Bolivia Constitution protected the privacy of correspondence: "The secrecy of Letters is inviolable; the Employees of the Post Office shall be responsible for the violation of this guarantee, except in such cases as the Laws shall provide." The 1831 Constitution continued to protect the inviolability of the home as well, in Article 152: "Every Bolivian's abode is an inviolable asylum. No forcible entry can be made therein, unless under such circumstances, and in such a manner, as the Law shall determine."

Today, privacy rights are protected in Article 21(3). These protections are general, while Article 25 protects more specific privacy rights in the home and correspondence (Constitute Project, “Bolivia (Plurinational State of) 2009”).

References:

1826 Draft Constitution for the Republic of Bolivia: English text of the draft Constitution of 1826. 892 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbo0002&id=18&men_tab=srchresults

6 November 1826 Constitution of Bolivia: English translation of the original Constitution of 1826 6 (2010) Title II: Of Religion. https://heinonline.org/HOL/P?h=hein.cow/zzbo0003&i=1

1831 Constitution of Bolivia: English translation of the original text of the Constitution of 1831 836 (2010) Title the Last: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbo0004&id=20&collection=cow&index=

“Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009

Bosnia and Herzegovina 🖉 edit

In the aftermath of the annexation of Bosnia and Herzegovina by the Austro-Hungarian Empire, the Imperial Government wrote a constitution for Bosnia and Herzegovina. The relationship between the two political entities was described in Section 1 of the 1910 Constitution of Bosnia and Herzegovina: "Bosnia and the Herzegovina constitute a separate and homogeneous administrative territory, which, in conformity with the Law of the 22nd February, 1880 ... is subject to the responsible administration and control of the Imperial and Royal Joint Ministry." Section 14 of the 1910 Constitution of Bosnia and Herzegovina protected the privacy of the home, and Section 15 protected the privacy of correspondence.

Privacy rights have been protected in Bosnia and Herzegovina since 1995 with their independence from Yugoslavia. The 1995 constitution protects these rights in Article 3(f). These protections include private and family life, home, and correspondence (Constitute Project, “Bosnia and Herzegovina 1995 rev. 2009”).

References:

1910 Constitution of Bosnia and Herzegovina: British and Foreign State Papers (1912) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0105&id=549&men_tab=srchresults#

“Bosnia and Herzegovina 1995 (Rev. 2009) Constitution.” Constitute. https://www.constituteproject.org/constitution/Bosnia_Herzegovina_2009?lang=en.

Botswana 🖉 edit

The 1966 constitution of Botswana includes privacy protections of the home in Article 3(c) and Article 9. Article 12, in protecting freedom of expression, also protects correspondence.

References:

1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana

Brazil 🖉 edit

In its first constitution, Brazil guaranteed the inviolability of the home in Article 179.7 and of correspondence in Article 179.27.

Today personal privacy, the home, and correspondence are protected in Article 5(X-XII) (Constitute Project, “Brazil 1988 rev. 2017”).

References:

1824 Political Constitution of the Empire of Brazil: https://en.wikisource.org/wiki/Constitution_of_the_Empire_of_Brazil

1988 Brazil Constitution: https://constituteproject.org/constitution/Brazil_2017?lang=en

Brunei 🖉 edit

Brunei lacks any legislation or constitutional provisions for privacy rights. The 1996 United States Department of State Report on Brunei Human Rights even says that law actively allows for intrusions of privacy.

References:

1996 United States Department of State Report on Brunei Human Rights: https://1997-2001.state.gov/global/human_rights/1996_hrp_report/brunei.html

Bulgaria 🖉 edit

Article 74 of the 1879 Constitution of the Principality of Bulgaria protects the privacy of the home: "No person can be imprisoned, and no house searched, except under the conditions expressed by the laws." Article 77 of the 1879 Constitution protects the privacy of correspondence: "Private letters and telegrams are secret and inviolable. A special law will determine the responsibility of those to whom letters and telegrams are confided." These same rights to privacy with respect to the home and to correspondence were also promised by Articles 85 and 86, respectively, of the 1947 Constitution of the People's Republic of Bulgaria, as well as by Articles 49 and 51 of the 1971 Constitution of the People's Republic of Bulgaria.

The right to privacy, including family life, private life, honor, dignity, and reputation, is protected in Article 32 of the 1991 constitution (Constitute Project, “Bulgaria 1991 rev. 2015”).

References:

1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XII: The Subjects of the Principality of Bulgaria: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=7&men_tab=srchresults

1947 Constitution of the People's Republic of Bulgaria: "Chapter VIII: Basic Rights and Obligations of Citizens," Constitution of the People's Republic of Bulgaria : 241-244 https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbg0007&id=9&collection=cow&index=

1971 Constitution of the People's Republic of Bulgaria: "Chapter III: Basic Rights and Obligations of the Citizens," [Constitution of the People's Republic of Bulgaria] (1971): 14-22 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0021&id=17&men_tab=srchresults

1991 Constitution of the Republic of Bulgaria: https://constituteproject.org/constitution/Bulgaria_2015?lang=en

Burkina Faso 🖉 edit

Article 11 of the 1970 Constitution of Upper Volta proclaimed the inviolability of the home. Section One, Paragraph 4 of the 1977 Constitution of Upper Volta protected the privacy of correspondence.

The 1991 Burkina Faso Constitution protects privacy rights in Article 6. It reads, “The residence, the domicile, private and family life, [and] the secrecy of correspondence of every person, are inviolable. It can only be infringed according to the forms and in the cases specified by the law” (Constitute Project, “Burkina Faso 1991 rev. 2015”).

References:

1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults

1977 Constitution of Upper Volta: "Section I: The Liberties," Constitution de la Republique Haute-Volta (1977): 2-3 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0031&id=3&men_tab=srchresults

https://constituteproject.org/constitution/Burkina_Faso_2015?lang=en

Burundi 🖉 edit

In the 1962 Constitution of Burundi, Article 12 provides for privacy of the home: "The domicile shall be inviolable. Search may not take place except in the circumstances and form provided by law." Article 20 concerns the status of privacy of correspondence: "The secrecy of correspondence shall be inviolable. Nevertheless, a law shall institute agents authorized to open suspect letters in the mails."

In the 1998 Burundi Constitution, privacy rights are contained in Article 23 and protect privacy, family, home, and correspondence (Constitution Net, “Constitution of Burundi”). Today, they are contained in Article 28 of the 2018 constitution (Constitute Project, “Burundi 2018”).

References:

English translation of the Constitution of 1962, "Title II: Barundi and their Rights," Constitution of the Kingdom of Burundi : 20-21: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbi0002&id=3&men_tab=srchresults

https://constitutionnet.org/sites/default/files/transitional_national_constitution_and_transitional_constitution_act_1998-2001_0.pdf

https://constituteproject.org/constitution/Burundi_2018?lang=en

Cambodia 🖉 edit

The 1947 Constitution offered privacy rights with reference to the home and to correspondence. Article 11 of that document held that "The domicile is inviolable. No one may get in except in the cases specified by the Law and according to the forms it prescribes." Article 12 concerned correspondence: "The secrecy of letters is inviolable, temporary derogations being explicitly provided for by the Law when the higher interest of the Nation makes it necessary."

The 1993 constitution contains privacy rights in Article 40: “The rights to privacy of residence, and to the confidentiality of correspondence by mail, telegram, fax, telex and telephone, shall be guaranteed” (Office of the Council of the Ministers of Cambodia, “Constitution of the Kingdom of Cambodia”).

References:

1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf

1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539

Cameroon 🖉 edit

Two elements of privacy were asserted in the 1972 Cameroon Constitution. The first concerned the home: "the home is inviolate. No search may be conducted except by virtue of the law". The second concerned correspondence: "the privacy of all correspondence is inviolate. No interference may be allowed except by virtue of decisions emanating from the Judicial power".

References:

1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en

Canada 🖉 edit

According to section E8 of the Constitution Act of 1982, "Everyone has the right to be secure against unreasonable search or seizure."

References:

Constitution Act of 1982: https://laws-lois.justice.gc.ca/pdf/const_e.pdf

Cape Verde 🖉 edit

Article 33 makes violations of privacy inadmissible in court, while Article 38 grants the right to “personal identity, to civil rights, to a name, honor, and reputation, and to personal and family privacy”. Article 41 extends privacy rights to correspondence, and Article 42 extends it to electronic data privacy (Constitute Project, “Cape Verde 1980 rev. 1992”).

References:

Cape Verde's Constitution of 1980 with Amendments through 1992: https://www.constituteproject.org/constitution/Cape_Verde_1992

Central African Republic 🖉 edit

In 1994, a new constitution was passed in the Central African Republic. Article 13 granted private communications inviolable and Article 14 did the same for the private home . Today, private communication is seen in Article 16 and the home is inviolable in Article 19 (Constitute Project, “Central African Republic 2016”).

References:

Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf

“Central African Republic 2016 Constitution.” Constitute. Last modified 2016. https://www.constituteproject.org/constitution/Central_African_Republic_2016

Chad 🖉 edit

Article 5 of the 1959 Chad Constitution proclaimed the inviolability of the domicile.

Both the 1996 and 2018 Chad Constitutions protect the right to privacy in Article 17 and the right to privacy in communications in Article 45 and 47, respectively.

References:

1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults

1996 Chad Constitution: French original text of the Constitution of 1996. 4 (2009) Chapter I: Of the Freedoms and of the Fundamental Rights https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0001&id=6&men_tab=srchresults

2018 Chad Constitution: https://constituteproject.org/constitution/Chad_2018?lang=en

Chile 🖉 edit

Article 16 of the 1812 Provisional Constitutional Regulation of Chile offered protections relevant to the right to privacy: "The right that the citizens have to the security of their persons, homes and effects and papers, will be respected; and no orders will be made without probable cause, supported by a judicial affirmation [juramento], and without designating with clarity the places or things that will be examined or apprehended." Article 224 of the 1822 Constitution of Chile proclaimed the sanctity of "the inviolability of letters and the freedom of private conversations".

The right to privacy is protected under the current constitution. Article 19.4 protects personal life and data: "Respect and protection of the private life and honor of the individual and his family, and specifically, the protection of his personal data. The treatment and protection of these data will be handled in the manner and conditions set forth by law...." Article 19.5 protects the home and communication: "The inviolability of the home and of all forms or private communication. The home can only be searched and the private communications and documents intercepted, opened or registered in the circumstances and manner prescribed by law...."

References:

1812 Provisional Constitutional Regulation of Chile:"Provisional Constitutional Regulation, 26/27 October 1812," Provisional Constitutional Regulation, 26/27 October 1812 (1812): 1-10: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0108&id=9&men_tab=srchresults

1822 Constitution of Chile: English translation of the Spanish original text of the Constitution of 1822 27 (2013) Chapter IV: Of the Administration of Justice and of the Individual Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzcl0114&id=27&collection=cow&index=

1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021

China 🖉 edit

The 1908 Memorial and Edict on Constitutional Government implied the privacy of the domicile: "Officers and people shall not be disturbed without cause in their possession of property, nor interfered with In their dwellings."

In 1975, the Chinese Constitution protected the right to privacy to the person and the home in Chapter III, Article 28 (Constitution of the People’s Republic of China, 1975, 39). Today, Articles 38-40 protect privacy in China. Article 38 is for personal dignity, 39 for the home, and 40 for correspondence (Constitute Project, “China (People’s Republic of) 1982 rev. 2018”).

References:

1908 Memorial and Edict on Constitutional Government: English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults

1975 Constitution of the People's Republic of China: https://china.usc.edu/sites/default/files/article/attachments/peoples-republic-of-china-constitution-1975.pdf

China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018

Colombia 🖉 edit

Article 169 of the 1821 Constitution of the Republic of Colombia protected the privacy of the home, and article 170 of that Constitution protected the privacy of correspondence.

The 1991 Colombian constitution is very explicit in its privacy protections in Article 15. Section 1 grants privacy to people and family life, section 2 is for data privacy, section 3 is for correspondence (Constitute Project, “Colombia 1991 rev. 2015”).

References:

1821 Constitution of the Republic of Colombia: English translation of the Spanish original text of the Constitution of 1821 718 (2009) Title VIII: General Regulations: https://heinonline.org/HOL/Page?handle=hein.cow/zzco0007&id=21&collection=cow&index=#

1991 Colombia Constitution (rev. 2015): https://constituteproject.org/constitution/Colombia_2015

Comoros 🖉 edit

Today, privacy provisions are in Article 26 and Article 27, which grant privacy in the home and correspondence (Constitute Project, “Comoros 2018”). Before this constitution, similar clauses were in the 1996 constitutional preamble, drawn from the United Nations Universal Declaration of the Rights of Man (Constitution Net, “CONSTITUTION of the FEDERAL ISLAMIC REPUBLIC OF THE COMOROS”).

https://constituteproject.org/constitution/Comoros_2018?lang=en http://constitutionnet.org/sites/default/files/Comoros%20Constitution.pdf

Democratic Republic of the Congo 🖉 edit

The personal right to privacy is granted in Article 31 of the 2005 Constitution, while the home is protected under Article 29 (Constitute Project, “Congo (Democratic Republic of the) 2005 rev. 2011”). Before this, the right to privacy in home and correspondence were granted in the Zaire 1990 constitution (amended from a previous version, though unclear which previous version) in Articles 22 & 23 (World Statesmen, “Complete Text of the Zairian Constitution After the Enactment of Law No. 90-002 of July 5, 1990 Concerning the Modification of Certain Provisions of the Constitution”).

https://constituteproject.org/constitution/Democratic_Republic_of_the_Congo_2011?lang=en https://www.worldstatesmen.org/Zaire1990.pdf

Republic of the Congo 🖉 edit

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

Costa Rica 🖉 edit

Today, privacy rights are protected in Articles 23 (the home) and 24 (communications and intimacy) (Constitute Project, “Costa Rica 1949 rev. 2020”).

https://constituteproject.org/constitution/Costa_Rica_2020?lang=en

Croatia 🖉 edit

Article 34 of the 1991 constitution protects the home. Article 35 protects personal and familial life, as well as dignity. Article 36 protects correspondence (Constitute Project, “Croatia 1991 rev. 2013”).

https://constituteproject.org/constitution/Croatia_2013?lang=en

Cuba 🖉 edit

The 2019 constitution protects personal and familial privacy in Article 48, the home in Article 49, and correspondence in Article 50 (Constitute Project, “Cuba 2019”). Privacy was not in the previous Cuban constitution of 1976 (Constitute Project, “Cuba 1976 rev. 2002”).

https://constituteproject.org/constitution/Cuba_2019?lang=en https://constituteproject.org/constitution/Cuba_2002?lang=en

Cyprus 🖉 edit

Article 15 of the 1960 constitution reads: “Every person has the right to respect for his private and family life.” Article 16 expands these protections to the home, as Article 17 expands them to correspondence and communication (Constitute Project, “Cyprus 1960 rev. 2013”).

https://constituteproject.org/constitution/Cyprus_2013?lang=en

Czech Republic 🖉 edit

Article 7(1) of the 1993 constitution guarantees the inviolability of persons and private life. Article 10 protects life from intrusion by others, and it also protects data privacy (Constitute Project, “Czech Republic 1993 rev. 2013”).

https://constituteproject.org/constitution/Czech_Republic_2013?lang=en

Denmark 🖉 edit

In the 1953 constitution, Article 72 protects the right to privacy in the home, while also preventing the search of private communications. It states that “The dwelling shall be inviolable,” which includes “house searching, seizure, and examination of letters and other papers.” (Constitute Project, “Demark 1953”) The general form of the constitution derives from the 1849 Danish Constitution (Danish Parliament, “The Constitutional Act of Denmark”).

References:

1849 Constitutional Act of Denmark: https://www.constituteproject.org/constitution/Denmark_1953

1953 Denmark Constitution: https://www.thedanishparliament.dk/en/democracy/the-constitutional-act-of-denmark

Djibouti 🖉 edit

Today, the right to privacy in the home and communications are protected in the 1992 constitution Articles 12 & 13. Personal life is not protected (Constitute Project, “Djibouti 1992 rev. 2010”).

https://constituteproject.org/constitution/Dominica_2014?lang=en

Dominica 🖉 edit

Article 1(c) of the only constitution Dominica has had, written in 1978, protects the right to privacy in the home. Article 7(1) protects privacy during a search (Constitute Project, "Dominica 1978 rev. 2014").

https://constituteproject.org/constitution/Dominica_2014?lang=en

Dominican Republic 🖉 edit

In the 2015 constitution, Article 44 establishes a right to privacy and personal honor: In respect to right to privacy it reads “all people have the right to privacy. The respect and non-interference into private and family life, the home, and private correspondence are guaranteed.” The constitution has established that the “home and domicile and all private premises of the person are inviolable,” in addition to the recognition that people’s documents should be private: “The inviolability of private correspondence, documents, or messages in physical, digital, electronic, or all other formats is recognized.” The right to personal honor is established by “the right to honor, good name, and one’s own image are recognized. All authorities or individuals who violate them are obligated to compensate or repair them in accordance with the law.”

https://www.constituteproject.org/constitution/Dominican_Republic_2015

East Timor 🖉 edit

The Constitution of East Timor, or Timor-Leste, protects the right to private life, home, and communication during evidence collection in Article 34, privacy in general in Article 36, and privacy in the home and communication in Article 37. The text of Section 36 is noteworthy for the generality of its protection: "Every individual has the right to honour, good name and reputation, protection of his or her public image and privacy of his or her personal and family life."

References:

2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf.

Ecuador 🖉 edit

Article 65 of the 1830 Constitution protected the inviolability of the home: "The house of a citizen is inviolable -therefore cannot be broken into except in cases and requirements prevented by law."

The 1869 Constitution defended the right of inviolability of the home in similar terms in Article 105, and asserted protection of the privacy of correspondence in Article 107: "Epistolary correspondence is inviolable. Papers or goods belonging to private persons cannot be opened, intercepted, or examined, excepting in the cases specified by the law."

The 1897 Constitution offered a similar defense of privacy of correspondence, but applied the guarantee more broadly: "Epistolary and telegraphic correspondence is inviolable, and may not be made use of in trials for political offences. It is forbidden to intercept, open, or register papers or effects which are private property, except in the cases indicated by law."

Article 11(3) of the 2008 Constitution enforces and protects the rights put forth by the constitution and international treaties: “The rights and guarantees set forth in the Constitution and in international human rights instruments shall be directly and immediately enforced by and before any civil, administrative or judicial servant, either by virtue of their office or at the request of the party”. In Chapter 6, Rights to Freedom, Article 66, Sections 11 and 19-22 set out more specific privacy regulations in terms of convictions, correspondence, the home, personal data, and privacy rights (Constitute Project, “Ecuador 2008 rev. 2021).

References:

1830 Constitution of Ecuador: English translation of the original Constitution of 1830. 15 (2017) Part VIII: Civil Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0081&id=15&men_tab=srchresults

1869 Constitution of Ecuador: English translation of the original Constitution of 1869 1244 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0003&id=16&men_tab=srchresults

1878 Constitution of Ecuador: Spanish text of the constitution of 1878 414 (2017) Section III: Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0056&id=1&men_tab=srchresults

2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en.

Egypt 🖉 edit

The 1923 constitution of Egypt protects personal freedom in Article 4, privacy in the home in Article 8, and correspondence in Article 11 (Constitution Net, “Royal Decree No. 42 of 1923 On Building a Constitutional System for the Egyptian State”). Today, these rights are protected in Articles 57 & 58 (Constitute Project, “Egypt 2014 rev. 2019”).

References:

“Royal Decree No. 42 of 1923” 1923: https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf

https://www.constituteproject.org/constitution/Egypt_2019?lang=en

El Salvador 🖉 edit

Chapter 16, Section 77 of the 1841 Constitution of the State of Salvador reads: "Every Salvadorean has a right to be protected from inquisitions, compulsory search, and restraints, as regards his person, house, papers, family, and all his possessions."

Article 2 of the 1983 constitution explicitly protects the “right to honor, personal and family intimacy, and one’s own image.” Article 6 allows for free communication as long as it does not violate the private lives of others. Article 24 protects correspondence (Constitute Project, “El Salvador 1983 rev. 2014”).

English translation of the Constitution of 1841. 218 (2010) "Chapter XVI: Declaration of the Rights, Duties, and Securities of the Nation, and of Salvadoreans in Particular," Political Constitution of the State of Salvador (1841): 218-222 https://constituteproject.org/constitution/El_Salvador_2014?lang=en

Equatorial Guinea 🖉 edit

Today, Article 13 of the 1991 constitution protects rights and freedoms. In section 1(g), the right to privacy in communications and the home is protected (Constitute Project, “Equatorial Guinea 1991 rev. 2012”). Translations of the 1968, 1973, and 1982 constitutions could not be found.

https://constituteproject.org/constitution/Equatorial_Guinea_2012?lang=en

Eritrea 🖉 edit

In its history, Eritrea has only had one constitution and it protects the right to privacy in Article 18. Specific privacies are not mentioned but it is an overarching declaration of the protection of the right: “Every person shall have the right to privacy” (Constitute Project, “Eritrea 1997”).

https://constituteproject.org/constitution/Eritrea_1997?lang=en

Estonia 🖉 edit

The 1920 constitution of Estonia protected personal privacy in Paragraph 8. Paragraph 10 protected the homestead and Paragraph 14 protected communications (Wikisource, “Constitution of the Esthonian Republic (1920)”). Today, privacy rights are guaranteed in Section 26 (Riigi Teataja, “The Constitution of the Republic of Estonia”).

https://www.riigiteataja.ee/en/eli/521052015001/consolide https://en.wikisource.org/wiki/Constitution_of_the_Esthonian_Republic_(1920)

Eswatini 🖉 edit

Article 14(1) names and protects fundamental rights, and subsection C reads “protection of the privacy of the home and other property rights of the individual” (Constitute Project, “Eswatini 2005”). Previous iterations of the constitutions from 1967 and 1968 could not be found.

https://constituteproject.org/constitution/Swaziland_2005?lang=en

Ethiopia 🖉 edit

The 1931 constitution protects correspondence privacy in Article 26 (Ethiopian Legal Brief, “Ethiopian Constitution of 1931”). In Article 25, the home is claimed as private. Article 26 of the 1994 Constitution establishes the right to privacy, including in their home and communication: “Everyone has the right to privacy. This right shall include the right not to be subjected to searches of his home, person or property, or the seizure of any property under his personal possession. Everyone has the right to the inviolability of his notes and correspondence including postal letters, and communications made by means of telephone, telecommunications and electronic devices.”

References:

https://chilot.files.wordpress.com/2011/04/ethiopian-constitution-of-1931.pdf

https://www.constituteproject.org/constitution/Ethiopia_1994

Fiji 🖉 edit

The 1970 Fiji constitution, its first after independence from Britain, protected the right to privacy in the home in Article 3(c) (Constitution Net, “Fiji Independence Order 1970 and Constitution of Fiji”). Today, the 2013 constitution expands the right to privacy from the home to include the right to private and family life, privacy in correspondence, and data privacy in Article 24 ("Constitution of Fiji, 2013”).

References:

1970 Constitution of Fiji: https://constitutionnet.org/sites/default/files/1970_constitution.pdf

2013 Constitution of Fiji: https://www.laws.gov.fj/Home/information/constitutionoftherepublicoffiji#:~:text=The%20Constitution%20of%20the%20Republic,the%20procedures%20in%20the%20Constitution.

Finland 🖉 edit

Originally, the 1919 Finnish Constitution protected privacy in Section 8 (RefWorld, “Constitution Act of Finland”). Today, Section 10 of the Finnish Constitution protects the right to privacy with similar language. It says, “Everyone's private life, honour and the sanctity of the home are guaranteed. More detailed provisions on the protection of personal data are laid down by an Act. The secrecy of correspondence, telephony and other confidential communications is inviolable” (Constitute Project, “Finland 1999 rev. 2011”).

https://constituteproject.org/constitution/Finland_2011?lang=en https://www.refworld.org/docid/3ae6b53418.html

France 🖉 edit

The right to privacy in France is implied in Article IV of the Declaration of the Rights of Man and the Citizen of 26 August 1789. Article IV reads, “Liberty consists of being able to do everything that does not harm anybody else: thus the exercise of the natural rights of every man has no boundaries except those that ensure to other Members of the Society the enjoyment of those same rights” (Hardt, Kiiver, Kristofertisch). The Declaration of the Rights of Man is still in force today due to the Preamble of the 1958 French Constitution.

Sascha Hardt, Phillip Kiiver & Gisela Kristofertisch. (2019). Comparative Constitutional Law Documents. “Declaration of the Rights of Man and the Citizen [Declaration des Driots de L’Homme et du Citoyen] of 26 August 1789” and “Constitution of the V. Republic of 4 October 1958.”

Gabon 🖉 edit

Article 1 of the constitution lays out fundamental rights granted within the state (Constitute Project, “Gabon 1991 rev. 2011”). Section 5 of Article 1 protects the privacy of correspondence. Section 12 claims the inviolability of the domicile. The current constitution is based on the 1961 constitution, though it was rewritten in 1991.

https://constituteproject.org/constitution/Gabon_2011?lang=en

The Gambia 🖉 edit

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

Georgia 🖉 edit

Today, Article 15 in the 1995 constitution of Georgia protects the right to personal privacy, personal space, and privacy of communication. Additionally, Article 9 claims the inviolability of human dignity (Constitute Project, “Georgia 1995 rev. 2018”).

https://constituteproject.org/constitution/Georgia_2018?lang=en

Germany 🖉 edit

Article 3, Sections 10-12 of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted some elements of privacy rights. Section 10 defended the inviolability of the home, Section 11 protected papers within the home, and Section 12 defended the secrecy of correspondence outside the context of criminal investigation or war.

Article 117 of the 11 August 1919 Constitution of the German Reich (The Weimar Constitution) guarantees privacy rights: "The secrecy of letters and all postal, telegraphic and telephone communications is inviolable. Exceptions are inadmissable except by Reich law."

Germany Basic Law for the Federal Republic of Germany (The Bonn Constitution), passed in 1949, provides for privacy in a couple of places. Article 1(1) protects an individual’s dignity, and Article 10 protects privacy in correspondence and telecommunications. Article 13 protects the home.

References:

"IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 210-211: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index=

The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840

Germany Basic Law for the Federal Republic of Germany: "I: Basic Rights ," The Bonn Constitution; Basic Law for the Federal Republic of Germany (1949): 1-7: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0008&id=5&collection=cow&index=

Ghana 🖉 edit

In the 1992 constitution, still in force today, the right to privacy in the home and correspondence is found in Article 18(2) (Constitute Project, “Ghana 1992 rev. 1996”).

https://constituteproject.org/constitution/Ghana_1996?lang=en

Greece 🖉 edit

Article 9 of the 1975 Constitution establishes the right to privacy in people’s homes: “Every person's home is a sanctuary. The private and family life of the individual is inviolable.” Article 9A provides constitutional data privacy protections In Article 19 of the 1975 Constitution, the right to privacy in any form of communication is established: “Secrecy of letters and all other forms of free correspondence or communication shall be absolutely inviolable.”

https://www.constituteproject.org/constitution/Greece_2008

Grenada 🖉 edit

The 1973 constitution of Grenada, the country’s first, protected the right to privacy in Article 1(c) (Commonwealth Parliamentary Association, “The Grenada Constitution Order 1973”). Specifically, it protected the home and other property. Today, the 1973 constitution takes on similar language in Article 1(c) (Constitute Project, “Grenada 1973, reinst. 1991, rev. 1992”).

https://constituteproject.org/constitution/Grenada_1992?lang=en https://www.cpahq.org/media/gq5dtcj5/gre_constitution.pdf

Guatemala 🖉 edit

There are two provisions for privacy protection in the 1985 Guatemalan Constitution. Article 23 grants privacy in the home (vivienda) and Article 24 protects correspondence and other documents (Constitute Project, “Guatemala 1985 rev. 1993”).

https://constituteproject.org/constitution/Guatemala_1993?lang=en

Guinea 🖉 edit

The 2010 constitution of Guinea protects private life, correspondence, and the home in Article 12: “The domicile is inviolable. It may be infringed only in the case of grave and imminent peril, to evade [parer] a common danger or to protect the life of the persons. All other infringement, all search may only be ordered by the judge or by the authority that the law designates and in the forms prescribed by it. The secrecy of correspondence and of communication is inviolable. Each one has the right to the protection of their private life” (Constitute Project, “Guinea’s Constitution of 2010”).

https://www.constituteproject.org/constitution/Guinea_2010.pdf

Guinea-Bissau 🖉 edit

According to Article 19 of the 1973 Gunea-Bissau Constitution"The state shall recognize the right of citizens to the inviolability of the domicile and the secrecy of commerce."

Article 44 of the 1984 constitution grants the right to protection of personal and private life. Article 48 grants privacy in the home and correspondence (Constitute Project, “Guinea-Bissau 1984 rev. 1996”).

References:

1973 Guines-Bissau Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s

1984 Guinea-Bissau Constitution: https://constituteproject.org/constitution/Guinea_Bissau_1996?lang=en

Guyana 🖉 edit

In 1966, Guyana gained independence from Britain and, in the same order, passed its constitution. The 1966 constitution provided for protection in the home from others in Article 3(c) (Guyana Parliament, “The Guyana Independence Order 1966”).

http://parliament.gov.gy/new2/documents/bills/21123/statutory_instrument_guyana_independence_order_1966_no_575.pdf

Haiti 🖉 edit

In 1801, the first constitution of Haiti protected the privacy of the home in Article 63 (Louverture Project, “Constitution of 1801”). Today, Article 49 of the 1987 constitution protect protects communications (Constitute Project, “Haiti 1987 rev. 2012”).

https://constituteproject.org/constitution/Haiti_2012?lang=en http://thelouvertureproject.org/index.php?title=Haitian_Constitution_of_1801_(English)

Honduras 🖉 edit

The 1982 constitution provides for privacy protections in Article 76. In this text, one is granted “The right to honor, to personal privacy, to family, and to one's dignity” (Constitute Project, “Hungary 1982 rev. 2013").

https://constituteproject.org/constitution/Honduras_2013?lang=en

Hungary 🖉 edit

The 1949 constitution was the first to include privacy rights. In Article 57, personal privacy, as well as privacy in the home and correspondence are protected: “he Hungarian People's Republic guarantees the personal freedom and privileges of the citizens, and respects the secrecy of correspondence and the inviolability of the home” (Princeton University, “CONSTITUTION of the People's Republic of Hungary - Budapest, 20th August 1949”). In the most recent constitution from 2011, these rights are protected in Article VI (Constitute Project, “Hungary 2011 rev. 2016”).

https://constituteproject.org/constitution/Hungary_2016?lang=en https://lapa.princeton.edu/hosteddocs/hungary/1949%20Hungarian%20constitution.pdf

Iceland 🖉 edit

Article 71 says, “Everyone shall enjoy freedom from interference with privacy, home, and family life” (Constitute Project, “Iceland 1944 rev. 2013”). This article is in the 1944 constitution, which is largely based on the 1874 constitutional text that preceded it (Icelandic Human Rights Center, “Icelandic Law”).

https://www.humanrights.is/en/laws-conventions/icelandic-law https://constituteproject.org/constitution/Iceland_2013?lang=en

India 🖉 edit

While not explicitly mentioned in the Indian constitution, the right to privacy has been recognized by the Indian Supreme Court. In 2017, they ruled unanimously that the right to privacy for all people falls under Article 21, which provides the “protection of life and personal liberty” (McCarthy; Mahapatra & Choudhary).

McCarthy, J. (2017, Aug. 24). Indian Supreme Court declares privacy a fundamental right. NPR. https://www.npr.org/sections/thetwo-way/2017/08/24/545963181/indian-supreme-court-declares-privacy-a-fundamental-right Mahapatra, D. & Choudhary, A.A. (2017, Aug. 24). Right to privacy is a fundamental right, it is intrinsic to the right to life: Supreme Court. Times of India. https://timesofindia.indiatimes.com/india/right-to-privacy-is-a-fundamental-right-supreme-court/articleshow/60203394.cms

Indonesia 🖉 edit

While the Republic of Indonesia’s Constitution does not explicitly mention privacy, it protects the right to communication in Article 28(f) and the right to security of oneself and one’s property in Article 28(g), concepts which are often in accordance with property rights (“State of Privacy,” 2019). However, separate laws in Indonesia have dealt with privacy rights, including the 1999 Law on Telecommunications. Article 40 of this law prohibits eavesdropping; Article 42(1) requires telecommunications providers to keep transmitted information confidential; and Article 42(2), Article 43, and Article 44 highlight the procedures for the state to gain information from telecommunications providers in criminal investigations. Additionally, protection of personal data and information has been included in a multitude of legislation in the past few decades, including but not limited to: the 1998 Banking Law, 1999 Consumer Protection Law, the 2008 Electronic Information and Transaction Law, and the 2009 Hospital Law (“State of Privacy,” 2019).

References:

“Constitution of Indonesia 1945 (reinst. 1959, rev. 2002)”. Constitute Project. https://www.constituteproject.org/constitution/Indonesia_2002

“Law of the Republic of Indonesia No. 36 of 1999 Regarding Telecommunications.” Department of Communications Directorate General of Post and Telecommunications. https://www.postel.go.id/content/EN/regulasi/telecommunication/uu/law36-1999.pdf

“State of Privacy in Indonesia”. 2019. Privacy International. https://www.privacyinternational.org/state-privacy/1003/state-privacy-indonesia

Iran 🖉 edit

Some elements of what we would consider the right to privacy were guaranteed in the Supplementary Constitutional Law of 7 October 1907. Article 13 of that document focused on privacy in the home: "The dwelling-place and house of every individual is inviolable. In no dwelling-place can forcible entry be made, except by order of, and in the manner defined by, law." Article 22 discussed correspondence: "Postal communications are inviolable and exempt from seizure or opening, except in cases in which the law makes exception." Article 23 focused on telegraphy: "The publication or seizure of telegraphic communications without the permission of the author of the telegram is forbidden, except in cases in which the law makes exception."

While the constitution of Iran does not protect privacy, it does guarantee protection of the law which conforms with Islamic Law in Article 20 (Constitute Project, “Iran (Islamic Republic of) 1979 rev. 1989”). Islam provides such protections within the Quran (Hayat, M.H., “Privacy and Islam: From the Quran to data protection in Pakistan”).

References:

Wright, Herbert F. Constitutions of the States at War 1914-1918 . Washington, U.S. Govt. Print. Off.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=499&men_tab=srchresults#

iran Constitution 1979: https://constituteproject.org/constitution/Iran_1989?lang=en

Muhammad Aslam Hayat (2007) Privacy and Islam: From the Quran to data protection in Pakistan, Information & Communications Technology Law, 16:2, 137-148

Iraq 🖉 edit

Article 15 of the 1925 Iraq Constitution protected the privacy of communication: "All postal and telegraphic correspondence and all telephonic communications shall be secret and free from censorship or detention, except in such circumstances and in such manner as may be prescribed by law." Article 8 guaranteed the "inviolability of all places of residence".

The 2005 constitution protects the right to personal privacy in Article 17(1) and the right to privacy in the home in Article 17(2).

References:

Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html

“Iraq 2005 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iraq_2005.

Republic of Ireland 🖉 edit

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

Israel 🖉 edit

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

Italy 🖉 edit

Articles 13, 14, and 15 of the Italian Constitution deal with various aspects of the right to privacy. Article 13 states that no person shall be inspected or searched without an order from the Judiciary. Article 14 expands upon that, stating that “home inspections, searches, or seizures shall not be admissible save in the cases and manners complying with measures to safeguard personal liberty. Controls and inspections for reason of public health and safety, or for economic and fiscal purposes, shall be regulated by appropriate laws.” Article 15 provides freedom of confidentiality of correspondence, with limitations only by judicial decision. Also, the 1997 Data Protection Act created the Italian Data Protection Authority which protects “fundamental rights and freedoms in connection with the processing of personal data, and to ensure respect for individuals' dignity.”

References:

“Constitution of the Italian Republic.” Senato della Repubblica. https://www.senato.it/documenti/repository/istituzione/costituzione_inglese.pdf

“The Italian Data Protection Authority: Who We Are.” Garante Per La Protezione Dei Dati Personali. https://www.garanteprivacy.it/web/garante-privacy-en/the-italian-data-protection-authority-who-we-are#:~:text=The%20Italian%20Data%20Protection%20Authority%20

Ivory Coast 🖉 edit

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

Jamaica 🖉 edit

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

Japan 🖉 edit

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

Jordan 🖉 edit

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

Kazakhstan 🖉 edit

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

Kenya 🖉 edit

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

Kiribati 🖉 edit

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

Kuwait 🖉 edit

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

Kyrgyzstan 🖉 edit

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

Laos 🖉 edit

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

Latvia 🖉 edit

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

Lebanon 🖉 edit

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

Lesotho 🖉 edit

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

Liberia 🖉 edit

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%201847%20final.pdf https://constituteproject.org/constitution/Liberia_1986?lang=en

Libya 🖉 edit

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

Liechtenstein 🖉 edit

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

Lithuania 🖉 edit

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

Luxembourg 🖉 edit

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

Madagascar 🖉 edit

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

Malawi 🖉 edit

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

Malaysia 🖉 edit

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

Maldives 🖉 edit

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

Mali 🖉 edit

Various aspects of the right to privacy are protected in Mali’s 1992 Constitution. Article 6 states that “The domicile, domain (people and things), private and family life, secrecy of correspondence and communication shall be inviolable. These areas shall only be touched within conditions preordained by the law.” Additionally, Law No. 15 of 2013 governs the protection of personal data in Mali, and the Mali Data Protection Authority (APDP) monitors data protection in the state (Watt and Itoua, 2024).

References:

“Mali 1992 Constitution.” Constitute Project, translated by Daniel G. Anna. Accessed July 19, 2024. https://www.constituteproject.org/constitution/Mali_1992

Watt, Fatoumata, and Ismael Itoua. 2024. “Mali - Data Protection Overview.” Data Guidance. https://www.dataguidance.com/notes/mali-data-protection-overview

Malta 🖉 edit

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 Islands 🖉 edit

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

Mauritania 🖉 edit

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

Mauritius 🖉 edit

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

Mexico 🖉 edit

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

Federated States of Micronesia 🖉 edit

Article IV Section 5 of the constitution of 1978 says “The right of the people to be secure in their persons, houses, papers, and other possessions against unreasonable search, seizure, or invasion of privacy may not be violated. A warrant may not issue except on probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized” (Constitute Project, “Micronesia (Federated States of) 1978 rev. 1990”).

https://www.constituteproject.org/constitution/Micronesia_1990?lang=en

Moldova 🖉 edit

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

Monaco 🖉 edit

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

Mongolia 🖉 edit

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

Montenegro 🖉 edit

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=

Morocco 🖉 edit

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

Mozambique 🖉 edit

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

Myanmar 🖉 edit

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/docs07/1974Constitution.pdf?__cf_chl_jschl_tk__=pmd_uXw1EkLnkyq9T6FqkzA_NO9lvJaIhzdgyzAJ1J1s5Ko-1635431051-0-gqNtZGzNAiWjcnBszQjR https://www.constituteproject.org/constitution/Myanmar_2015?lang=en

Namibia 🖉 edit

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

Nauru 🖉 edit

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

Nepal 🖉 edit

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

Kingdom of the Netherlands 🖉 edit

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.”

New Zealand 🖉 edit

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

Nicaragua 🖉 edit

Article 28 of the 1826 Constitution of the State of Nicaragua states that “the private actions that do not damage the order, the morality, nor public decency, nor produce prejudices to third parties; are outside the action of the law.” The 1974 Constitution of the Republic of Nicaragua, however, contains different language on the right to privacy, and only deals with privacy of the home and property. Article 58 states that “The state guarantees the inviolability of the home, the dwelling, and of any other private premises of persons, which may be entered only by authorized officials, in the following cases,” containing nine specified points including but not limited to criminal investigations, natural disasters, and rescue efforts. The end of the Article specifies that “In the last four cases entry may not be made except pursuant to a written order stating the grounds therefor, issued by a competent authority; and the consent of the head of the household shall be necessary if it is to be carried out between 7 pm and 6 am.” The 1987 Political Constitution of the Republic of Nicaragua mentions other forms of privacy in addition to privacy of the home in Article 26: “All persons have the right to: 1. Privacy and the privacy of their family; 2. The inviolability of their home, correspondence and communications; 3. Respect for their honor and reputation,” and that “illegally seized letters, documents, and other private papers shall be null and void in legal proceedings or elsewhere.”

References:

Constitution of the State of Nicaragua, 1826. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0038&i=1

Constitution of the Republic of Nicaragua, 1972. PAU/OAS, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0032&i=1

Political Constitution of the Republic of Nicaragua, 1987. National Assembly (1989), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0022&i=1

Niger 🖉 edit

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

Nigeria 🖉 edit

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_const1960.pdf https://constituteproject.org/constitution/Nigeria_2011?lang=en

North Korea 🖉 edit

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 Macedonia 🖉 edit

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

Norway 🖉 edit

Article 102 of Norway’s 1814 Constitution states that “inquiries in private houses are not permitted, unless in criminal cases.” The 2018 Norwegian Data Protection Act additionally protects personal data and implements the European Union General Data Protection Regulation (GDPR) (“Data Protection Law,” 2024).

References:

“Constitution of the Kingdom of Norway, 1814”. Norwegian Government (1814), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=312

“Data Protection Law in Norway.” 2024. DLA Piper. Accessed July 19, 2024. https://www.dlapiperdataprotection.com/index.html?t=law&c=NO

Oman 🖉 edit

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

Pakistan 🖉 edit

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

Palau 🖉 edit

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 🖉 edit

The 1863 Constitution of the Sovereign State of Panama, enacted while Panama was under Colombian rule, guarantees in Article 2(14) “the inviolability of domicile and of private writings; so that the one cannot be forcibly entered into, nor the others intercepted or examined, but by competent authority, for the effect and with the formalities determined by law.” Article 28 of the Constitution of the Republic of Panama in 1904 enacted after independence states that “correspondence and other private documents are inviolable, and neither the former nor the latter can be held or examined except by virtue of competent judicial authority and under the formalities prescribed by the Laws. In all cases secrecy will be observed in connection with the matters relating to the object of holding and examining same.” Article 23 prohibits home searches without a warrant. The 1972 Constitution expands upon the right to communication privacy in Article 28, stating that “private telephone communications also are inviolable and may not be intercepted. The examination of documents shall always take place in the presence of the interested person or of a member of his family, or if they are absent, before two honorable residents of the same place.” Additionally, exceptions for privacy of the home are permitted in Article 25 for labor, social welfare, and health officials if they give prior notice. The Data Protection Law, enacted in 2019 and supplemented by an executive decree in 2021, regulates and protects personal data in Panama (“Data Protection Law,” 2024).

References:

“Constitution of the Republic of Panama, Constitución (1904) English.” 1909. HathiTrust and University of Michigan. https://hdl.handle.net/2027/mdp.35112104577715

“Data Protection Law in Panama.” 2024. DLA Piper. Accessed July 19, 2024. https://www.dlapiperdataprotection.com/index.html?t=law&c=PA#:~:text=The%20Constitution%20provides%20that%20every,the%20provisions%20of%20the%20law.

“Political Constitution for the Sovereign State of Panama.” 1863. Translated 1864 C.T. Bidwell. World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/Page?handle=hein.cow/zzpa0105&id=1&collection=cow&index=

“Political Constitution of the Republic of Panama.” 1972. Organization of American States, 1974. World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzpa0032&id=8&men_tab=srchresults

Papua New Guinea 🖉 edit

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 🖉 edit

The 1870 Constitution of the Republic of Paraguay guarantees in Article 19 that “domicile as well as correspondence and private papers are also inviolable; but a law may provide in which cases and on what grounds an order can be made as to when one may be entered and the other seized.” Article 23 additionally protects privacy, stating that “private acts, which in no way affect public order or morals or do wrong to third parties, are reserved for God alone and exempted from the jurisdiction of the constituted authorities.” The 1992 Constitution contains similar language about both privacy of the home and personal and familial intimacy. The protection of data falls under the rights guaranteed in Paraguay’s Constitution combined with its 2002 Private Information Law which “regulates the collection, storage, distribution, publication, modification, destruction, duration, and overall processing of personal data in files, registers, data banks, or other technical means of processing of public or private data intended to provide reports” (“Paraguay”).

References:

“Constitution of the Republic of Paraguay.” 1870. Comparative Constitutions Project, 2008. World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0009&id=6&men_tab=srchresults

“Constitution of the Republic of Paraguay.” 1992. Translated by Maria del Carmen Gress, HeinOnline, 2008. World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0024&id=10&men_tab=srchresults

“Paraguay.” DataGuidance. Accessed July 19, 2024. https://www.dataguidance.com/jurisdiction/paraguay

Peru 🖉 edit

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.

Article 2(5) and Article 2(6) of the 1993 Political Constitution of Peru protect the right to privacy of information and prohibits the supplying of information that affects personal and family privacy. Article 2(9) and Article 2(10) protect the privacy of the home and the privacy of one’s communications. The Personal Data Protection Law, enacted in 2011, additionally protects the right to privacy in Peru.

References:

“Data Protection Law in Peru.” 2023. DLA Piper. Accessed July 19, 2024. https://www.dlapiperdataprotection.com/index.html?t=law&c=PE#:~:text=Article%202%20of%20the%20Political,personal%20data%20of%20any%20natural

“Political Constitution of Peru, 1993.” World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/P?h=hein.cow/zzpe0043&i=4

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%201979.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 🖉 edit

The 1935 Constitution, enacted prior to independence from the United States, 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”). The Philippines gained independence in 1946 and ratified the new constitution in 1973. Article 4 Section 3 of the 1973 Constitution of the Republic of the Philippines guarantees “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall not be violated,” and outlines the procedures for the state to gain search warrants. Section 4 additionally ensures the privacy of communication and correspondence. Confidentiality of personal data is also protected in the 2012 Data Privacy Act and implemented by the National Privacy Commission of the Philippines (“Republic Act 10173”). Various “zones,” or aspects of privacy, such as privacy in the workplace, decisional privacy, and informational privacy, are further protected in Philippine case law (Bautista and Llanillo, 2020).

References:

Bautista, Khersien, and Llewellyn Llanillo. 2020. “Zones of Privacy: How Private.” Defense Counsel Journal 84, no. 3. International Association of Defense Counsel. https://www.iadclaw.org/defensecounseljournal/zones-of-privacy-how-private/

“Constitution of the Republic of the Philippines.” 1973. World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/P?h=hein.cow/zzph0009&i=8

“Republic Act 10173 - Data Privacy Act of 2012.” National Privacy Commission. Accessed July 19 2024. https://privacy.gov.ph/data-privacy-act/

https://www.officialgazette.gov.ph/constitutions/the-1935-constitution/

https://www.officialgazette.gov.ph/constitutions/1987-constitution/

Poland 🖉 edit

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/e1921.html https://constituteproject.org/constitution/Poland_2009?lang=en

Portugal 🖉 edit

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 🖉 edit

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

Romania 🖉 edit

The first constitution of Romania was enacted in 1866 and contains two references to privacy rights. Article 15 states “The domicile is inviolable. No domiciliary visit can be made except in the cases expressly provide for by the law and in the form which is prescribes. Article 25 states “The privacy of letters and of telegraphic dispatches is inviolable. A law shall determine the responsibility of the agents of the government for the violation of this privacy of letters and dispatches entrusted to the post and to the telegraph.” (Wright, 1919). Article 26 of the current Romanian Constitution outlines personal and family privacy rights in Romania. It states, “The public authorities shall respect and protect the intimate, family, and private life” (Constitution of Romania). The Romanian Constitution goes on to extend privacy rights to domiciles, which is outlined in Article 27. “The domicile and the residence are inviolable. No one shall enter or remain in the domicile or residence of a person without his consent.” (Constitution of Romania). Romania is a member of the European Union, which passed the General Data Protection Regulation (GDPR) in 2016. This regulation establishes rules for the protection of peoples data and establishes that citizens have the right to data protection. “This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.” (General Data Protection Regulation 2016/679). Romania, as well as every EU member state, follows these regulations and it allows all EU member countries to have synchronized data protection/privacy regulations.

References:

Constitution of Romania. “Chapter II: Fundamental Rights and Freedoms.” HeinOnline, 1991. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzro0001&id=6&collection=cow&index=#.

General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/.

Russia 🖉 edit

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”).

https://www.prlib.ru/en/history/619222

Rwanda 🖉 edit

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 🖉 edit

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 🖉 edit

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 🖉 edit

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 🖉 edit

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 🖉 edit

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

São Tomé and Príncipe 🖉 edit

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

Saudi Arabia 🖉 edit

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 🖉 edit

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 🖉 edit

The Serbian Constitution does not include an explicit overall right to privacy. Privacy is referred to throughout the document, such as when it allows the press and public to be excluded from court proceedings due to the protection of private life of the parties, and in the assertion that citizens have the freedom of religion both in private and public (Constitution of the Republic of Serbia). The Serbian Constitution does guarantee the confidentiality of communications and the protection of personal data in Articles 41 and 42 (Constitution of the Republic of Serbia).

References:

Constitution of Serbia. “Section 2: Human RIghts and Freedoms.” HeinOnline, 2006. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzcs0021&collection=cow.

Seychelles 🖉 edit

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 🖉 edit

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 🖉 edit

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 🖉 edit

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 🖉 edit

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 🖉 edit

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 🖉 edit

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”).

https://www.wipo.int/edocs/lexdocs/laws/en/so/so002en.pdf

South Africa 🖉 edit

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 🖉 edit

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 🖉 edit

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 🖉 edit

Spain drafted a democratic constitution in 1869. This constitution gives specific privacy rights to Spaniards. In Article 5, it states “No [person] may enter the domicile of a Spaniard, or foreign resident of Spain, without their consent, except in urgent cases of fire, flooding or other analogous danger, or of illegitimate aggression proceeding from within, or to assist a person who is requesting help” (Constitution of 1869). It goes on to list more circumstances where authorities may enter the domicile and the process of obtaining a warrant to search. Article 7 states “In no case may the correspondence confided to the mail be intercepted [detenerse] or opened by the governmental authority, nor may telegraphs be intercepted” (Constitution of 1869). Similarly, it goes on to outline how judges must obtain warrants to read a person’s mail or telegraphs. Spains current Constitution lays out the right to privacy in Article 18 of its constitution, which includes 4 clauses. “1. The right to honour, to personal and family privacy and to the own image is guaranteed. 2. The home is inviolable. No entry or search may be made without the consent of the householder or a legal warrant, except in cases of flagrante delicto. 3. Secrecy of communications is guaranteed, particularly regarding postal, telegraphic and telephonic communications, except in the event of a court order. 4. The law shall restrict the use of data processing in order to guarantee the honour and personal and family privacy of citizens and the full exercise of their rights.” (The Spanish Constitution, 1978). Spain is also a member of the EU, meaning the GDPR is applicable to them. The Spanish Constitution already contains a clause about data protection, and the right to privacy in communications.

References:

General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/.

The Spanish Constitution. “Chapter II: Rights and Liberties.” HeinOnline, 2011. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzes0098&id=9&men_tab=srchresults.

Sri Lanka 🖉 edit

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 🖉 edit

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 🖉 edit

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 🖉 edit

When the Swedish Kingdom created their constitution, it contains very few reference to the rights of Swedish citizens. It states, “Sweden shall be governed by a king and shall be a hereditary monarchy with the order of succession established by the law of succession.” (Constitution of Sweden, 1809). Sweden’s Constitution today contains multiple separate documents that outline different areas of government. In Chapter 2, Article 6 of the Instrument of Government, it establishes protections against unwarranted searches or the body, house, and communications. It also states “In addition to what is laid down in paragraph one, everyone shall be protected in his or her relations with the public institutions against significant invasions of personal privacy, if these occur without his or her consent and involve the surveillance or systematic monitoring of the individual’s personal circumstances.” (Instrument of Government, 1974). Also included in Sweden’s fundamental laws is the Fundamental Law on Freedom of Expression. This documents outlines the freedom of expression rights in Sweden and includes privacy considerations in Article 20. It bans the publication of personal data which reveals personal information like ethnicity, skin color, political opinions, religious views, memberships, health, sex life, sexual orientation, genetic data, and biometric data (Fundamental Law on Freedom of Expression, 1991). These provisions apply if “1. the personal data are included in a data collection that has been arranged in such a way that it is possible to search for or compile the data; and 2. with regard to the nature of the activities and the forms under which the data collection is made available, there is a particular risk of improper violation of the individuals personal privacy.” (Fundamental Law on Freedom of Expression). This law also grants the right of anonymity in expression, unless it involves liability/damages due to publication. Sweden is a member of the EU and thus follows the GDPR.

References:

Fundamental Law on Freedom of Expression. “Chapter 1: Freedom of Expression According to This Fundamental Law.” HeinOnline, 1991. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzse0090&id=1&collection=cow&index=.

General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/.

Instrument of Government. “Chapter 2: Fundamental Rights and Freedoms.” HeinOnline, 1974. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzse0092&id=3&men_tab=srchresults

Switzerland 🖉 edit

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”). Since then, the right to privacy was added to the 1999 Swiss Constitution. Article 13 of the current Swiss Constitution is titled Right to Privacy. “Every person has the right to privacy in their private and family life and in their home, and in relation to their mail and telecommunications. Every person has the right to be protected against the misuse of their personal data.” (Federal Constitution of the Swiss Confederation). Switzerland is not a member of the EU, so they do not follow the GDPR. However, a revision of the Federal Act on Data Protection (FADP) was passed in 2020. This law is essentially the same as the GDPR and serves to protect the data of Swiss citizens from unlawful use, including privacy protections for certain kinds of data like “sensitive personal data” which includes data relating to a persons religious, philosophical, or political views, their health, their genetic and biometric data, and more. (Federal Act on Data Protection)

References:

DLA Piper, “Data protection laws of the world: Switzerland”: https://www.dlapiperdataprotection.com/index.html?t=law&c=CH

Federal Constitution of the Swiss Confederation. “Chapter 1: Fundamental RIghts.” HeinOnline, 1999. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzch0349&id=4&men_tab=srchresults.

Fedlex. “Federal Act on Data Protection,” 2023. https://www.fedlex.admin.ch/eli/cc/2022/491/en

Syria 🖉 edit

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

Tajikistan 🖉 edit

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 🖉 edit

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 🖉 edit

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”).

https://www.refworld.org/pdfid/3ae6b5b2b.pdf

Togo 🖉 edit

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 🖉 edit

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 🖉 edit

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 🖉 edit

Article 24 of the 2014 Tunisian Constitution states “The state protects the right to privacy and the inviolability of the home, and the confidentiality of correspondence, communications, and personal information.” (Constitution of the Republic of Tunisia, 2014). However, in 2022, President Kais Saied proposed a constitutional referendum, which passed. The 2022 Tunisian Constitution states in Article 30 “The state protects the private life, the inviolability of the domicile and the secrecy or correspondence, of communications and of personal data.” (Constitution of the Republic of Tunisia, 2022). The new constitution consolidates much of the governments power within the president, including the ability for the president to impose restrictions on the rights of Tunisian citizens under certain circumstances like national defense, public security, public health, protection of the rights of others, or protection of public morals. What this means for the right to privacy in Tunisia is that, while it is still listed as protected in the constitution, the new power of the president means that this right could be usurped if the president deemed it necessary.

References:

Constitution of the Republic of Tunisia. “Chapter II: Of the Rights and Freedoms.” HeinOnline, 2022. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zztn0121&id=6&collection=cow&index=.

Venice Commission. “Constitution of the Republic of Tunisia.” HeinOnline, 2014. https://heinonline-org.proxy.lib.miamioh.edu/HOL/cowdocs?state=&tfile=tn_2014_venicecomm_eng.pdf.

Turkey 🖉 edit

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.

https://www.worldstatesmen.org/Turkeyconstitution1924.pdf

Turkmenistan 🖉 edit

The 1992 Constitution protects against arbitrary interference of privacy in Article 25 (International Committee on the Red Cross, “Constitution 1992, as of 2008”).

Today, Article 37 of the 2008 constitution grants “the right to private liberty, personal and family secrets and their protection from arbitrary interference in their privacy” while Article 38 prevents the “Collection, storage and dissemination of information about private life of an individual” without consent (Constitute Project, “Turkmenistan's Constitution of 2008 with Amendments through 2016”).

https://ihl-databases.icrc.org/applic/ihl/ihl-nat.nsf/0/D9E58AFB0C841166C1256FFD0034016C https://constituteproject.org/constitution/Turkmenistan_2016.pdf?lang=en

Tuvalu 🖉 edit

The 1996 constitution protects privacy rights under Articles 11(h) and 21 (Constitute Project, “Tuvalu Constitution of 1996”). Article 11(h) reads “Every person is entitled…to the following fundamental freedoms: […] (h) protection for the privacy of his home and other property” (Constitute Project, “Tuvalu Constitution of 1996”).

https://www.constituteproject.org/constitution/Tuvalu_1986.pdf?lang=en

Uganda 🖉 edit

Article 17(c) of the 1962 constitution provides privacy rights protections in Uganda (World Statesmen, “Uganda Constitutional Instruments”). It protects “the privacy of his home and other property and from deprivation of property without compensation” as a fundamental right. Today, the 1995 Constitution grants these protections in Article 27 (Constitute Project, “Uganda’s Constitution of 1995 with Amendments through 2017").

https://www.worldstatesmen.org/Uganda-const-1962.pdf https://www.constituteproject.org/constitution/Uganda_2017.pdf?lang=en

Ukraine 🖉 edit

Articles 30, 31, and 32 of the 1996 Constitution grant the right to privacy (Constitute Project, “Ukraine’s Constitution of 1996 with Amendments through 2016”). Article 30 gives privacy in the home, Article 31 allows privacy protections to communications, and Article 32 prevents interference into personal and family life (Constitute Project, “Ukraine’s Constitution of 1996 with Amendments through 2016”).

https://www.constituteproject.org/constitution/Ukraine_2016.pdf?lang=en

United Arab Emirates 🖉 edit

The 1971 constitution protects privacy in communications in Articles 31 and Article 36 protects one’s home (Constitute Project, “United Arab Emirates 1971, rev. 2009").

https://www.constituteproject.org/constitution/United_Arab_Emirates_2009?lang=en

United Kingdom 🖉 edit

The Human Rights Act of 1998 outlines the rights everyone in the UK is entitled to. It is based on the European Convention on Human Rights (ECHR) and is the UK’s way of making the rights outlined in the convention applicable to their laws. Article 8 of the Human Rights Act of 1998 and the ECHR is titled “Right to respect for private and family life”. It reads “Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” (Human Rights Act of 1998). The Human Rights Act of 1998 refers to “convention rights” when it outlines how the UK government and courts will uphold those rights (Human Rights Act of 1998). Regarding data protection and privacy, the UK passed the Data Protection Act in 2018, which regulates how companies, organizations, and the government can use personal data. It establishes stronger legal protection for sensitive personal information like race, ethnicity, political opinions, religious beliefs, trade union membership, genetics, biometrics, health, and sex life or orientation (Data Protection Act 2018)

References:

ECHR. “European Convention on Human Rights.” Accessed July 19, 2024. https://echr.coe.int/european-convention-on-human-rights.

Human Rights Act 1998. “Part 1: The Convention.” HeinOnline, 1998. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzgb0026&id=20&men_tab=srchresults.

United States 🖉 edit

The United States Constitution does not explicitly grant the right to privacy. The closest one might find in the Constitution is the Fourth Amendment, which protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” (The Bill of Rights). Instead, the right to privacy has been inferred by the Supreme Court. In Griswold v. Connecticut, the Court held that the right to privacy is inferred in the Bill of Rights. Justice Douglas wrote the majority opinion and argued that many of the amendments in the Bill of Rights, such as the Fifth Amendment’s protection against self-incrimination, infers the right to privacy from the state and thus a right that the Constitution protects (Griswold v. Connecticut, 381 U.S. 479). The Supreme Court would uphold the right to privacy in other cases as well. In Eisenstadt v. Baird, the Court extended the ability to purchase contraceptives to unmarried individuals and found that “the constitutionally protected right of privacy inheres in the individual, not the martial couple.” (Eisenstadt v. Baird, 405 U.S. 438). In Roe v. Wade, the court determined that the right to privacy, derived from the Fourteenth Amendment, encompasses a woman’s decision on whether to have an abortion (Roe v. Wade, 410 U.S. 113). However, this is no longer the case, as Roe v. Wade has since been overturned. In Lawrence v. Texas, the Court again derived the right to privacy from the Fourteenth Amendment and gave the right to privacy to persons of the same sex who choose to engage in sexual conduct. The Court held “The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government.” (Lawrence v. Texas, 539 U.S. 558). The US has multiple acts for the protection of private data. The Privacy Act of 1974 regulates the data that is collected, used, and disseminated by federal agencies; the Gramm-Leach-Bliley Act requires financial institutions to protect their consumers data and explain how to the customer; the Health Insurance Portability and Accountability Act (HIPAA) gives data privacy and security for medical information (Murray 2023). Theres are a multitude of different acts that protect the privacy of communications, children, government records and more. In addition to these federal acts, many states are passing or have passed consumer data privacy laws, such as the California Consumer Privacy Act, which applies to how businesses collect personal information from consumers (Murray 2023). In all, privacy rights in the United States are based off the Courts and legislative acts.

References:

Justia Law. “Eisenstadt v. Baird, 405 U.S. 438,” 1972. https://supreme.justia.com/cases/federal/us/405/438/.

Justia Law. “Griswold v. Connecticut, 381 U.S. 479,” 1965. https://supreme.justia.com/cases/federal/us/381/479/.

Justia Law. “Lawrence v. Texas, 539 U.S. 558,” 2003. https://supreme.justia.com/cases/federal/us/539/558/.

Justia Law. “Roe v. Wade, 410 U.S. 113,” 1973. https://supreme.justia.com/cases/federal/us/410/113/.

Murray, Conor. “U.S. Data Privacy Protection Laws: A Comprehensive Guide.” Forbes, 2023. https://www.forbes.com/sites/conormurray/2023/04/21/us-data-privacy-protection-laws-a-comprehensive-guide/.

National Archives. “The Bill of Rights: A Transcription,” November 4, 2015. https://www.archives.gov/founding-docs/bill-of-rights-transcript.

Uruguay 🖉 edit

The 1966 constitution was the first translated into English to mention privacy rights. It is protected in Articles 10, 11, and 28. Article 10 grants individuals’ privacy, Article 11 makes the home private, and Article 28 protects communications (Constitute Project, "Uruguay 1966, reinst. 1985, rev. 2004"). Uruguay has based their data privacy and protection law off the European Union’s rules under the GDPR and has independently passed legislation to enact the provisions of the GDPR in Uruguay (Nougrères, 2024).

https://constituteproject.org/constitution/Uruguay_2004?lang=en

General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/.

Nougrères, Ana Brian. “Uruguay - Data Protection Overview.” DataGuidance, 2024. https://www.dataguidance.com/notes/uruguay-data-protection-overview.

Uzbekistan 🖉 edit

Article 27 of the 1992 Constitution protects privacy and the inviolability of the home, requiring a prescription by law to allow a search of the home (Constitute Project, “Uzbekistan's Constitution of 1992 with Amendments through 2011”).

https://www.constituteproject.org/constitution/Uzbekistan_2011.pdf?lang=en

Vanuatu 🖉 edit

Article 5(1)(j) in the 1980 Vanuatu Constitution protects privacy in the home and property (Constitute Project, “Vanuatu’s Constitution of 1980 with Amendments through 2013”).

https://www.constituteproject.org/constitution/Vanuatu_2013.pdf?lang=en

Venezuela 🖉 edit

The 1811 "Declaration of Rights, by the Supreme Congress of Venezuela," at Article 24 under the "Rights of Man in Society" section, states: "The house of every Citizen is an inviolable asylum No one has a right to enter it violently, unless in the cases of conflagration, or deluge, or of an application proceeding from the house itself; or for objects of criminal proceedings, in the cases and with the formalities determined by Law, and under the responsibility of the constituted Authorities who have issued the Decree."

Today, privacy is strictly protected in Venezuela, going beyond the call of the ICCPR’s call in Article 17 under constitutional Articles 48 and 60 (Privacy International, “The Right to Privacy in Venezuela (Bolivarian Republic of): Stakeholder Report.

References:

English translation of the Spanish original text of the Declaration of Rights of 1811. 1105 (2011) Rights of Man in Society: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzve0002&id=2&men_tab=srchresults

https://hrp.law.harvard.edu/wp-content/uploads/2016/04/venezuela_upr2016.pdf

Vietnam 🖉 edit

The 1992 Vietnam Constitution was the first since its independence that recognized the “inviolability of personal privacy” in Article 21 (Constitute Project, “Viet Nam’s Constitution of 1992 with Amendments through 2013”).

https://www.constituteproject.org/constitution/Socialist_Republic_of_Vietnam_2013.pdf?lang=en https://constitutionnet.org/country/constitutional-history-vietnam

Yemen 🖉 edit

There are no explicit protections of privacy in Yemen, though Article 20 does not allow for private confiscation without legal judgment (Constitute Project, “Yemen 1991: Rev. 2015”).

https://www.constituteproject.org/constitution/Yemen_2015?lang=en https://giswatch.org/en/country-report/communications-surveillance/yemen

Zambia 🖉 edit

Privacy was protected in the first constitution of Zambia in 1964 in Chapter 3, Articles 13(c) and 19 (World Statesmen, “Laws of Zambia: The Constitution”). Today, Article 11(d) and 17 of the 1991 Zambian Constitution protect the right to privacy (Constitute Project, “Zambia’s Constitution of 1991 with Amendments Through 2016”).

https://www.worldstatesmen.org/Constitution-Zambia1964.pdf https://constituteproject.org/constitution/Zambia_2016.pdf?lang=en

Zimbabwe 🖉 edit

The 2013 Zimbabwe Constitution grants “[e]very person has the right to privacy, which includes the right not to have: (a) their home, premises or property entered without their permission; (b) their person, home, premises or property searched; (c) their possessions seized; (d) the privacy of their communications infringed; or (e) their health condition disclosed” in Section 57 (Privacy International, “The Right to Privacy in Zimbabwe: Stakeholder Report, Universal Periodic Review,” 4). Before this, the 2007 Interception of Communications Act allowed for public information to be intercepted by authorities, something that has not been rectified since the implementation of the new constitution.

https://hrp.law.harvard.edu/wp-content/uploads/2016/04/zimbabwe_upr2016.pdf

Is the identification of this right associated with a particular era in history, political regime, or political leader? ＋ create

Is there another noteworthy written source from the past that mentions this right? 🖉 edit

TThe right to privacy has diverged in many ways since its most notable first mention in The Right to Privacy by Samuel Warren and Louis Brandeis. What started in 1890 as the idea of protection against gossip about oneself and the ability to enjoy life uninterrupted has evolved into various international and national conventions and laws. The right to privacy was first enshrined at a supranational level before it was established in individual states (Krishnamurthy, 2020, 26). The right’s first appearance in legal documentation was in the United Nation’s (UN) 1948 Universal Declaration on Human Rights (UDHR). Article 12 of the UDHR (1948) states “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” The UHDR is not a treaty, so the right was not yet entrenched and more of a suggestion for states to incorporate into their laws and practices. Two years later, the Council of Europe passed the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) which has similar tones in Article 8, though with an exception for national security in Article 8 (2) but is legally binding (1950). Article 8 of the ECHR specifically protects one’s family life, personal life, correspondence, and home (Roagna, 2021, 9). Worldwide, the right to privacy became codified in 1966 with the passage of the UN’s International Covenant on Civil and Political Rights (ICCPR), in which Article 17 has almost identical language to the UDHR’s Article 12. In subsequent UN treaties, this right to privacy was explicitly granted to children and migrants as well (Convention on the Rights of the Child, 1989, Art. 16; International Covenant on the Protection of All Migrant Workers and Members of Their Families, 1990, Art. 14). Complying with the ICCPR: In the United States, the right to privacy was not originally codified but established through a variety of Supreme Court cases beginning in the 1960s (Privacy, n.d.). In 1965, the Court ruled on Griswold v. Connecticut. The majority opinion written by Justice Douglas claims that the express personal freedoms named in the First, Third, Fourth, Fifth, and Ninth Amendments create an implied “zone of privacy” (Privacy, n.d.). Justice Harlan’s concurring opinion, referenced in later Supreme Court privacy cases, claims privacy zones derive from the Fourteenth Amendment (Privacy, n.d.). Later, legislation was passed regulating specific sectors, beginning in 1974 with the Family Educations Rights and Privacy Act (FERPA), which protects student data, and the Privacy Act which regulates the use of data by federal agencies (History of privacy timeline, 2021). The European Court of Human Rights has refined the implementation of ECHR Article 8 through case law (Roagna, 2021, 7). In deciding these cases, the Court must decide if the complaint is related to Article 8 and, if so, if the right has been interfered with outside of the exceptions laid out in Article 8 (2) (Roagna, 2021, 11). For this reason, there is no clear-cut definition as to which national laws may conflict with Article 8 (Roagna, 2021, 12). The Court has provided protections for ‘quasi-familial’ relationships, relationships that may develop later (i.e., one has the right to adopt), the development of personality, photographs, and data collection, ruling these areas are part of private and/or family life (Roagna, 2021, 10-19). The Court has also provided lengthy protections to family life with a broad definition of family which evolves with European customs (Roagna, 2021, 27). The protection of a home has also been interpreted broadly, requiring continuous ties to a location, mostly due to the French translation of “home” to “domicile” (Roagna, 2021, 30-31). The Court rules for high protection of means of communication as it can be easily breached (Roagna, 2021, 32). This protection includes information gathered from monitored internet use and remains in places no matter the content of the message (Roagna, 2021, 32). The Digital Era: Since these international conventions have become effective and enforceable, there has been a lot of technological change and little change in these agreements (Human right to privacy, n.d.). The UN Human Rights Committee (UNHRC) noted in General Comment 16, adopted regarding ICCPR’s Article 17 in 1988, that the legislation in many states was not enough to ensure the “protection against both unlawful and arbitrary interference,” and that data collection “must be regulated by law” (Krishnamurthy, 2020, 27; UN Human Rights Committee, 1994, para. 2 & 10). In essence, this comment was requesting states enact more protective privacy law legislation, and, specifically, data regulation law, as the right to privacy evolved to be dominated by electronic data (Krishnamurthy, 2020, 27). There have been two approaches to this call for better data privacy regulation: general regulation and regulation by sector. The European Union has taken the general regulation approach with the passage of the 1995 European Data Protection Directive and the 2016 General Data Protection Regulation (GDPR). The GDPR affects people and companies worldwide, requiring that data collected is truly needed, accurate, processed safely, and that all of this is done in a clear, legal, and transparent way (Krishnamurthy, 2020; Wolford, n.d.). The United States has chosen to regulate privacy data by sector, beginning with FERPA in 1974 (Krishnamurthy, 2020, 29; History of privacy timeline, 2021). This approach has led to some strict laws preventing unauthorized access to personal information in some areas regulated by specific legislation (Krishnamurthy, 2020, 29). In areas without specific legislation, however, Americans take great liberties while collecting data (Krishnamurthy, 2020, 29). Put in combination with the lacking legislation preventing interference or data attacks, some question how compliant the United States is with Article 17 of the ICCPR (Krishnamurthy, 2020, 29). However, as of 2020, 29% of states are still drafting or have yet to draft such legislation (UN Committee on Trade and Development). Privacy in Former Sovereign States It is worth noting that some states have always had some privacy rights since they gained independence because their previous constitution and laws contained such provisions. This is the case with states that were formerly in the Soviet Union. The 1977 Constitution (Fundamental Law) of the Union of Soviet Socialist Republics, which was then implemented in nearly identical form in the various republics as their own constitution, protected “the privacy of citizens, and of their correspondence, telephone conversations, and telegraphic communications” in Article 56 (USSR, 1982, 35). Additionally, Czechoslovakia protected privacy rights of the person, home, and correspondence in Article 30 & 31 in the 1960 constitution (Czechoslovakia, 1964, 233).

REFERENCES:

Convention for the Protection of Human Rights and Fundamental Freedoms. The Council of Europe. Nov. 4, 1950. https://rm.coe.int/1680a2353d

Convention on the Rights of the Child. United Nations (UN) General Assembly (UNGA). Nov. 20, 1989. https://www.ohchr.org/en/professionalinterest/pages/crc.aspx

Czechoslovakia. (1964). Constitution of Czechoslovakia July 11, 1960. Orbis: Prague. From https://www.worldstatesmen.org/Czechoslovakia-Const1960.pdf

History of privacy timeline. (2021). The University of Michigan. Retrieved Sept. 9, 2021, from https://safecomputing.umich.edu/privacy/history-of-privacy-timeline

Human right to privacy in the digital age, The. (n.d.). American Civil Liberties Union. Retrieved Sept. 8, 2021, from https://www.aclu.org/other/human-right-privacy-digital-age

International Covenant on the Protection of All Migrant Workers and Members of Their Families. UNGA. Dec. 18, 1990. https://www.ohchr.org/Documents/ProfessionalInterest/cmw.pdf

International Covenant on Civil and Political Rights. UNGA. Dec. 16, 1996. https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

Krishnamurthy, V. (2020, Jan. 6). A tale of two privacy laws: The GDPR and the International Right to Privacy. AJIL Unbound 114, 26-30. doi:10.1017/aju.2019.79 Privacy. (n.d.). Cornell Law School Legal Information Institute. Retrieved Sept. 8, 2021, from https://www.law.cornell.edu/wex/privacy

Roagna, I. (2012). Council of Europe human rights handbook: Protecting the right to respect for private and family life under the European Convention on Human Rights. Council of Europe. https://www.echr.coe.int/LibraryDocs/Roagna2012_EN.pdf

UN Committee on Trade and Development. (2020). Data Protection and Privacy Legislation Worldwide. Retrieved Sept. 9, 2021, from https://unctad.org/page/data-protection-and-privacy-legislation-worldwide

UN Human Rights Committee. (1994). General Comment 16. Thirty-third session. HRI/GEN/1/Rev. 1 Retrieved Sept. 9, 2021, from https://undocs.org/HRI/GEN/1/Rev.1

Universal Declaration on Human Rights. UNGA. Dec. 10, 1948. https://www.un.org/en/about-us/universal-declaration-of-human-rights

USSR. (1982). Constitution (Fundamental Law) of the Union of Soviet Socialist States: Adopted at the Seventh (Special) Session of the Supreme Soviet of the USSR, Ninth Convocation, on October 7, 1977. Novosti Press Publishing House: Moscow. From https://www.marxists.org/history/ussr/government/constitution/1977/constitution-ussr-1977.pdf

Wolford, B. (n.d.). What is GDPR, the EU’s new data protection law? GDPR EU. Retrieved Sept. 9, 2021, from https://gdpr.eu/what-is-gdpr/

What specific events or ideas contributed to its identification as a fundamental right? 🖉 edit

Privacy, conceptualized as a named legal right, has been fairly new. As stated by Negley, “Few philosophers would argue that privacy is a "natural" right or that the intrinsic nature of privacy establishes it as a legal right” (319). Rather, identification of privacy as a right and not just a value has resulted from various violations of the right throughout modern history. In a United States context, the right to privacy is often associated with the Supreme Court case, Griswold v. Connecticut in 1965, in which the Court overruled a Connecticut law banning contraceptives for married couples by using “the personal protections expressly stated in the First, Third, Fourth, Fifth, and Ninth Amendments to find that there is an implied right to privacy in the Constitution” (“Privacy”). Griswold expanded and highlighted legal and political discourse around privacy as a specific right protected by the US Constitution. The Third and Fourth Amendments, which deal with quartering soldiers in citizens’ houses and unlawful searches and seizures of citizen property, came about because colonists felt violated by the British government’s actions to maintain control of the colonies in the years leading up to the Revolutionary War: “The 1774 [Quartering] Act expanded British officers’ ability to refuse unsuitable housing and seize ‘uninhabited houses, out-houses, barns, or other buildings’ for purposes of quartering soldiers,” (“Historical Background”). Additionally, “the colonists, still under the thumb of the British king, were subject to arbitrary and invasive searches under the “Writs of Assistance,” which allowed British troops and government officials to search homes and private property looking for goods that were imported illegally or on which a tax had not been paid,” (Burling, 2021). This context contributed to early codification of rights related to privacy in the United States.

In 1890, Boston lawyers Samuel Warren and Louis Brandeis wrote an article for the Harvard Law Review entitled, “The Right to Privacy.” The article is often cited by scholars as the invention of the concept of the “right to privacy” in American law (Glancy, 1979). Glancy places the article within the context of “the post-Civil War decades [that] had brought to Boston and the rest of the United States ‘countless, little-noticed revolutions’ in the form of a variety of inventions which made the personal lives and personalities of individuals increasingly accessible to large numbers” (Glancy, 1979, 7). Technological advancement correlating with an increase in discourse about the right to privacy in this era can be mirrored with modern concerns over privacy and technology.

Concerns over government surveillance efforts in the late 20th and early 21st centuries further brought the right to privacy into the spotlight of American politics:

“During the Cold War, the federal government was involved in various programs that spied on the American public’s telephone calls, radio signals, and mail. In programs such as the FBI’s COINTELPRO and the CIA’s Operation CHAOS, not only were individuals considered to be ‘threats to national security’ targeted, but also unrelated citizens who got caught up in the searches. The 9/11 terrorist attacks and the subsequent War on Terror led to another wave of mass surveillance, extending to citizens and their luggage on airplanes, automated drones, and the burgeoning field of global Internet communications” (“Constitutional Amendments”).

These efforts resulted in much discourse about the right to privacy, with supporters claiming that the surveillance was justified under the protection of national security, and opponents arguing that the widespread and invasive nature of the programs was not necessary and therefore a major violation of the right to privacy (“Constitutional Amendments”).

Additional events that contributed to privacy being considered as a fundamental right were the Snowden and Cambridge Analytica scandals, which also brought the right to privacy to light in an international context. Though the right to privacy is enshrined in Article 12 of the United Nations Universal Declaration of Human Rights, according to Humble “the right to privacy has historically not been at the forefront of discussions within the international community and the United Nations. This position changed after the Edward Snowden and Cambridge Analytica revelations.” In 2013, Edward Snowden leaked information on the National Security Agency’s information-gathering programs, revealing “how vulnerable our everyday digital communications are to government surveillance, and how much governments want to collect our information, no matter how trivial or unrelated it may be to any tangible national security threat” (PoKemper, 2014). Additionally, the Snowden scandal changed “the vocabulary through which [the right to privacy] was articulated. At the UN, states are supposed to employ a universal vocabulary, enabling therefore claims for the recognition of privacy as a human right. The enactment of a universal vocabulary destabilizes the core of mass surveillance practices,” (Bauman et al., 2014, 128-129). The Cambridge Analytica scandal, which revealed how users’ personal data on the Facebook social media platform was being collected and used, similarly shed light on issues relating to data privacy rights around the world. The scandal also highlighted users’ opinions about their right to privacy. In a study of young adults in Israel who chose to continue their use of Facebook after the scandal, “in-depth interviews suggest that users perceive privacy not as an integral component of one’s civil rights but as a negotiable commodity traded according to societal norms,” and that “it is the users’ responsibility to manage their privacy, as it is Facebook and other social media companies’ right to profit from activities on their platforms” (Afriat et al., 2021, 116). These individuals viewed privacy not as a fundamental right but rather as a commodity. As technology around the world advances, discourse about the right to privacy as a fundamental right will likely become more present.

References:

Afriat, Hagar, Shira Dvir-Gvirsman, Keren Tsuriel, Lidor Ivan. 2021. “‘This is capitalism. It is not illegal’: Users’ attitudes toward institutional privacy following the Cambridge Analytica scandal.” The Information Society, 37 no. 2 115-127. https://doi.org/10.1080/01972243.2020.1870596

Bauman, Zygmunt, Didier Bigo, Paulo Esteves, Elspeth Guild, Vivienne Jabri, David Lyon, RBJ Walker. 2014. “After Snowden: Rethinking the Impact of Surveillance.” International Political Sociology, 8 no. 2 121-144. https://doi.org/10.1111/ips.12048

Burling, James. 2021. “The 4th Amendment to the Constitution: A Primer.” Pacific Legal Foundation. https://pacificlegal.org/fourth-amendment-primer/?psafe_param=1&gad_source=1&gclid=CjwKCAjw5Ky1BhAgEiwA5jGujndXaC_UxPEgAFNOTC857KpBtWo4qgdidNIMhpLa7QjXW-hiOzn5xhoCvT0QAvD_BwE

“Constitutional Amendments - Amendment 4 - ‘The Right to Privacy.’” Ronald Reagan Presidential Library and Museum. The National Archives. Accessed August 1, 2024. https://www.reaganlibrary.gov/constitutional-amendments-amendment-4-right-privacy

Glancy, Dorothy. 1979. “The Invention of the Right to Privacy.” Arizona Law Review, 21 no. 1. https://law.scu.edu/wp-content/uploads/Privacy.pdf

“Historical Background of the Third Amendment.” Cornell Law School, Legal Information Institute. https://www.law.cornell.edu/constitution-conan/amendment-3/historical-background-of-the-third-amendment

Humble, Kristian. 2021. “International Law, Surveillance, and the Right to Privacy.” The Right to Privacy Revisited. Routledge Imprint. https://www.taylorfrancis.com/chapters/edit/10.4324/9781003252191-2/international-law-surveillance-protection-privacy-kristian-humble

Negley, Glenn. “Philosophical Views on the Value of Privacy.” Duke Law. Accessed August 1, 2024. https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3111&context=lcp

PoKemper, Dinah. 2014. “Dispatches: How Snowden Changed the World.” Human Rights Watch. https://www.hrw.org/news/2014/06/05/dispatches-how-snowden-changed-world?gad_source=1&gclid=CjwKCAjw5Ky1BhAgEiwA5jGujvY_OUa9teDuEfKpXAEkeAFI7h7HVZPk-sobJksUty5h4NiQVLrOXxoCA1sQAvD_BwE

“Privacy.” Cornell Law School, Legal Information Institute. Accessed August 1, 2024. https://www.law.cornell.edu/wex/privacy

United Nations General Assembly. 1948. “Universal Declaration of Human Rights.” Accessed August 2, 2024. https://www.un.org/en/about-us/universal-declaration-of-human-rights

When was it generally accepted as a fundamental, legally-protectable right? 🖉 edit

The recognition of privacy rights as fundamental and legally-protectable can be traced back to seminal writings, key legal cases, and the growing awareness of the impact of technological advancements on personal privacy. The conceptualization of privacy has been widely debated and has undergone significant evolution over the past century. While deeply rooted in historical principles of ancient and common law, the concept of privacy has been continually redefined to address the challenges posed by technology and changing social landscapes. It has often been associated with personal freedom and dignity.

Earlier protections afforded to the inviolability of the home and correspondence made the privacy of property acceptable. These rights, enshrined in many constitutions during the 1800s, laid the groundwork for the modern concept of privacy. For example, the seminal 1789 “Declaration of the Rights of Man” stated, “Since property is an inviolable and sacred right, no one shall be deprived thereof except where public necessity, legally determined, shall clearly demand it, and then only on condition that the owner shall have been previously and equitably indemnified” (Declaration of the Rights of Man 1789). The inviolability of the home protected individuals from unwarranted intrusions by the state, recognizing a private sphere free from governmental interference. Similarly, the protection of correspondence remained confidential, safeguarding the privacy of individual expression.

Samuel Warren and Louis Brandeis’s 1890 article “The Right to Privacy” served as a catalyst in the movement to legally recognize privacy rights. They argued for the necessity of recognizing privacy as a distinct legal right, separate from existing protections of person and property under existing law. Additionally, the conceptualization of privacy was needed to respond to the modern era: “This development of the law was inevitable. The intense intellectual and emotional life, and the heightening of sensations which came with the advance of civilization, made it clear to men that only a part of the pain, pleasure, and profit of life lay in physical things. Thoughts, emotions, and sensations demanded legal recognition” (Brandeis & Warren 1890, 193). Furthermore, they highlighted the inadequacies of existing legal frameworks to address the non-physical aspects of privacy, emphasizing the need for the evolution of the law in response to changing social and technological landscapes. In particular, the right “to be let alone” is a fundamental aspect of privacy to Warren and Brandeis in the modernizing world (Warren & Brandeis 1890, 194).

Despite Warren and Brandeis’s popular arguments, early 20th-century legal developments were slow to incorporate a broad conception of privacy rights. A notable example is the 1928 Supreme Court case Olmstead v. United States, where the Court held that wiretapping a person’s home telephone did not violate the Fourth Amendment because it did not involve a physical trespass (Solove 2008, 1101). However, legal decisions began to shift in the mid-20th century, starting with the 1965 Griswold v. Connecticut case. The Court ruled that a right to privacy could be inferred from several amendments in the Bill of Rights, thereby preventing states from making the use of contraception by married couples illegal (Griswold v. Connecticut 1985). This established privacy as a constitutionally protected right and laid the groundwork for subsequent decisions that expanded privacy protections.

Correspondingly, further landmark cases and bills recognized privacy rights. Katz v. United States in 1967 overruled the Olmstead decision; the Privacy Act of 1974, created in response to the Watergate scandal, aimed to regulation the collection and use of personal information by federal agencies; the Right to Financial Privacy Act of 1978 was passed by Congress in response to a court case that held that individuals had not property interest in their bank records (Solove 2008, 1146; Regan 1995, 366).

Internationally, many institutions influenced the development of privacy rights. Early on, Europe enacted several pieces of legislation to protect privacy. Article 8 of the 1950 European Convention on Human Rights explicitly recognized the right to respect for private and family life, home, and correspondence (Bygrave 2014, 12). This right has been one of the most frequently contested in case law and has influenced the development of privacy laws in Europe and across the globe. In fact, the United Nations Human Rights Committee stated, “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, or correspondence, nor to unlawful attacks upon his honour and reputation” in Article 17 of the International Covenant on Civil and Political Rights (Bygrave 2014, 57).

In the 21st-century, significant advancements in digital technology make the protection of privacy rights challenging. The explosion of digitized information and the rise of new media forms raise complex questions regarding the adequacy of existing privacy laws. William Prosser’s influential work on privacy tort law, while providing a foundational framework, has been criticized for its limitations in addressing contemporary privacy issues (Richards & Solove 2010, 1187). In response, David Lyon and William Staples have discussed the implications of surveillance for privacy in modern society, highlighting the need for pinging vigilance and adaptation of privacy protections in response to evolving technological and social landscapes (Lyon 2001, 222).

Overall, the recognition of privacy rights as fundamental and legally-protectable has been a dynamic and evolving process. From the early arguments of Warren and Brandeis to the landmark Supreme Court cases and legislative action, the concept of privacy has continually adapted to new challenges and contexts. These actions were all in response to the changing nature of privacy threats and to ensure legal protections could continue to evolve to these new challenges.

References Bygrave, L. A. (2014). "Data Privacy Law: An International Perspective." Oxford University Press. https://doi.org/10.1093/acprof:oso/9780199675555.001.0001. Declaration of the Rights of Man (1789). https://avalon.law.yale.edu/18th_century/rightsof.asp. Griswold v. Connecticut, 381 U.S. 479 (1965). https://supreme.justia.com/cases/federal/us/381/479/. Penfold, R. (2002). [Review of Surveillance Society: Monitoring Everyday Life; Everyday Surveillance: Vigilance and Visibility in Post Modern Life, by D. Lyon & W. Staples]. The British Journal of Criminology, 42(1), 222–224. http://www.jstor.org/stable/23638774 Regan, P. M. (1995). "Legislating Privacy: Technology, Social Values, and Public Policy." University of North Carolina Press. Richards, N. M., & Solove, D. J. (2010). "Prosser’s Privacy Law: A Mixed Legacy." California Law Review, 98(6), 1887-1924. https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=2104&context=faculty_publications. Solove, D. J. (2008). "Understanding Privacy." Harvard University Press. https://doi.org/10.2307/3481326. Warren, S.D., & Brandeis, L.D. (1890). “The Right to Privacy.” Harvard Law Review, 4(5), 193-220. https://groups.csail.mit.edu/mac/classes/6.805/articles/privacy/Privacy_brand_warr2.html.