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In [[Probable year:: 1966]], Guyana gained independence from Britain and, in the same order, passed its constitution. The [[Probable year:: 1966]] constitution provided for protection in the home from others in Article 3(c) (Guyana Parliament, “The Guyana Independence Order [[Probable year:: 1966]]” ).
http://parliament.gov.gy/new2/documents/bills/2[[Probable year:: 1123]]/ statutory_instrument_guyana_independence_order_[[Probable year:: 1966]]_ no_575.pdf +
In [[Probable year:: 1801]], the first constitution of Haiti protected the privacy of the home in Article 63 (Louverture Project, “Constitution of [[Probable year:: 1801]]” ). Today, Article 49 of the [[Probable year:: 1987]] constitution protect protects communications (Constitute Project, “Haiti [[Probable year:: 1987]] rev. [[Probable year:: 2012]]” ).
https://constituteproject.org/constitution/Haiti_[[Probable year:: 2012]]? lang=en
http://thelouvertureproject.org/index.php?title=Haitian_Constitution_of_[[Probable year:: 1801]]_ (English) +
The [[Probable year:: 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 [[Probable year:: 1982]] rev. [[Probable year:: 2013]]" ).
https://constituteproject.org/constitution/Honduras_[[Probable year:: 2013]]? lang=en +
The [[Probable year:: 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 [[Probable year:: 1949]]” ). In the most recent constitution from [[Probable year:: 2011]], these rights are protected in Article VI (Constitute Project, “Hungary [[Probable year:: 2011]] rev. [[Probable year:: 2016]]” ).
https://constituteproject.org/constitution/Hungary_[[Probable year:: 2016]]? lang=en
https://lapa.princeton.edu/hosteddocs/hungary/[[Probable year:: 1949]]% 20Hungarian%20constitution.pdf +
Article 71 says, “Everyone shall enjoy freedom from interference with privacy, home, and family life” (Constitute Project, “Iceland [[Probable year:: 1944]] rev. [[Probable year:: 2013]]” ). This article is in the [[Probable year:: 1944]] constitution, which is largely based on the [[Probable year:: 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_[[Probable year:: 2013]]? lang=en +
While not explicitly mentioned in the Indian constitution, the right to privacy has been recognized by the Indian Supreme Court. In [[Probable year:: 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. ([[Probable year:: 2017]], Aug. 24). Indian Supreme Court declares privacy a fundamental right. NPR. https://www.npr.org/sections/thetwo-way/[[Probable year:: 2017]]/ 08/24/545963181/indian-supreme-court-declares-privacy-a-fundamental-right
Mahapatra, D. & Choudhary, A.A. ([[Probable year:: 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 +
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 +
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) [[Probable year:: 1979]] rev. [[Probable year:: 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_[[Probable year:: 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 +
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 [[Probable year:: 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. +
Privacy rights in Israel derive from the Basic Law Human Liberty and Dignity of [[Probable year:: 1992]]. In this law, Article 7 protects privacy, intimacy, private premises, and confidential communications (Constitute Project, “Israel [[Probable year:: 1953]] rev. [[Probable year:: 2013]]” ).
https://constituteproject.org/constitution/Israel_[[Probable year:: 2013]]? lang=en +
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 +
The only specific privacy right mentioned in the constitution is that in Article 8, which inviolably protects the home (Constitute Project, “Côte d'Ivoire [[Probable year:: 2016]]” ).
https://constituteproject.org/countries/Africa/Cote_d_Ivoire?lang=en +
Chapter III of the [[Probable year:: 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 [[Probable year:: 1962]] rev. [[Probable year:: 2015]]” ).
https://constituteproject.org/constitution/Jamaica_[[Probable year:: 2015]]? lang=en +
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 +
Article 7 of the [[Probable year:: 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 [[Probable year:: 1952]] rev. [[Probable year:: 2016]]” ).
https://constituteproject.org/constitution/Jordan_[[Probable year:: 2016]]? lang=en +
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 [[Probable year:: 1995]] rev. [[Probable year:: 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 +
In [[Probable year:: 1963]], the Kenyan Constitution protected privacy in the home and other property in Article 14(c) (Kenya Law, “[[Probable year:: 1963]] Constitution”). Article 23(1) protected correspondence from interference.
Today, Article 31 of the [[Probable year:: 2010]] Kenyan Constitution gives every person the right to privacy in their person, home, possessions, family life, and correspondence (Constitute Project, “Kenya [[Probable year:: 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 +
Article 10 of the [[Probable year:: 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, [[Probable year:: 2019]], 141).
Sascha Hardt & Phillip Kiiver. Comparative Constitutional Law Documents. “Constitution for the Kingdom of the Netherlands of 24 August [[Probable year:: 1815]]. ” +
Article 3 of the [[Probable year:: 1979]] constitution calls for the protection of privacy in the home and Article 9 protects a person from searches (Constitute Project, “Kiribati [[Probable year:: 1979]] rev. [[Probable year:: 2013]]” ).
https://constituteproject.org/countries/Oceania/Kiribati?lang=en +
Kuwait’s [[Probable year:: 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 [[Probable year:: 1962]] reinst. [[Probable year:: 1992]]” ).
https://constituteproject.org/constitution/Kuwait_[[Probable year:: 1992]]? lang=en +