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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
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 [[Probable year:: 1975]] rev. [[Probable year:: 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_[[Probable year:: 2016]]? lang=en +
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 +
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 [[Probable year:: 1993]] rev. [[Probable year:: 2021]]” ). Similar rights appear to have been listed in Article 2 of the [[Probable year:: 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%20[[Probable year:: 1979]]. pdf
https://constituteproject.org/constitution/Peru_[[Probable year:: 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#
The [[Probable year:: 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 [[Probable year:: 1935]] Constitution”). Today, similar language is used in Article II, Section 1(2) (Official Gazette, “The [[Probable year:: 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-[[Probable year:: 1935]]- constitution/
https://www.officialgazette.gov.ph/constitutions/[[Probable year:: 1987]]- constitution/
The [[Probable year:: 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, [[Probable year:: 1921]]” ). Today, Article 47 of the [[Probable year:: 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 [[Probable year:: 1997]] rev. [[Probable year:: 2009]]” ).
http://libr.sejm.gov.pl/tek01/txt/kpol/e[[Probable year:: 1921]]. html
https://constituteproject.org/constitution/Poland_[[Probable year:: 2009]]? lang=en +
Portugal’s first protection of privacy was in the [[Probable year:: 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 [[Probable year:: 1976]] rev. [[Probable year:: 2005]]) .
https://constituteproject.org/constitution/Portugal_[[Probable year:: 2005]]? lang=en +
From [[Probable year:: 1972]]- [[Probable year:: 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 [[Probable year:: 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 +
Article 40(5) protects the inviolability of the dwelling (Constitute Project, “Ireland [[Probable year:: 1937]] rev. [[Probable year:: 2017]]” ). This same protection was afforded in Article 7 of the Constitution of the Irish Free State from [[Probable year:: 1922]] (electronic Irish Statute Book, “Constitution of the Irish Free State (Saorstát Eireann) Act, [[Probable year:: 1922]]” ).
https://constituteproject.org/constitution/Ireland_[[Probable year:: 2019]]? lang=en
https://www.irishstatutebook.ie/eli/[[Probable year:: 1922]]/ act/1/enacted/en/print +
The only mention of privacy rights today is that of the home in Article 20 of the [[Probable year:: 2015]] Constitution (Constitute Project, “Congo (Republic of the) [[Probable year:: 2015]]” ). The same right appeared in the [[Probable year:: 2001]] Constitution in Article 14 (Constitute Project, “Congo (Republic of the) [[Probable year:: 2001]]” ).
https://constituteproject.org/constitution/Congo_[[Probable year:: 2015]]? lang=en
https://constituteproject.org/constitution/Congo_[[Probable year:: 2001]]? lang=en +
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/.
In [[Probable year:: 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 +
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 [[Probable year:: 2003]] rev. [[Probable year:: 2015]]" ).
https://constituteproject.org/constitution/Rwanda_[[Probable year:: 2015]]? lang=en +
Chapter II, Protection of Fundamental Rights and Freedoms, of the [[Probable year:: 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 [[Probable year:: 1983]]” ).
https://constituteproject.org/constitution/St_Kitts_and_Nevis_[[Probable year:: 1983]]? lang=en +
Chapter I, Protection of Fundamental Rights and Freedoms, of the [[Probable year:: 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 [[Probable year:: 1978]]” ).
https://constituteproject.org/constitution/St_Lucia_[[Probable year:: 1978]]? lang=en +
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 [[Probable year:: 1979]]” ).
https://constituteproject.org/constitution/St_Vincent_and_the_Grenadines_[[Probable year:: 1979]]? lang=en +
There is no mention of privacy rights in the constitution, which has been updated as recently as [[Probable year:: 2017]] (Constitute Project, “Samoa [[Probable year:: 1962]] rev. [[Probable year:: 2017]]” ). Section 50(2) of the Telecommunications Act [[Probable year:: 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_[[Probable year:: 2017]]? lang=en
https://www.regulator.gov.ws/images/Act/TELECOMMUNICATIONS_ACT_[[Probable year:: 2005]]_ -_Eng.pdf +
The [[Probable year:: 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 +
The [[Probable year:: 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 [[Probable year:: 1992]] with Amendments through [[Probable year:: 2005]]” ).
https://constituteproject.org/constitution/Saudi_Arabia_[[Probable year:: 2013]]? lang=en +
Senegal does not explicitly protect the right to privacy in its constitution. Article 7 of the [[Probable year:: 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 [[Probable year:: 2001]] rev. [[Probable year:: 2016]]” ).
https://constituteproject.org/constitution/Senegal_[[Probable year:: 2016]]? lang=en +