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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. +
The [[Probable year:: 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, [[Probable year:: 1976]]” ).
https://citizenshiprightsafrica.org/constitution-of-seychelles-[[Probable year:: 1976]]/ +
The [[Probable year:: 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, [[Probable year:: 1978]]” ).
http://www.sierra-leone.org/Laws/[[Probable year:: 1978]]- 12s.pdf +
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/[[Probable year:: 2017]]- 12/Singapore_UPR_PI_submission_FINAL.pdf +
Article 16(1) of the [[Probable year:: 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 [[Probable year:: 1992]] rev. [[Probable year:: 2017]]) . Sections 2 and 3 of Article 19 protect private life and data collection and publication (Constitute Project, “Slovakia [[Probable year:: 1992]] rev. [[Probable year:: 2017]]) . Article 21 claims the home is inviolable, while Article 22 protects communications (Constitute Project, “Slovakia [[Probable year:: 1992]] rev. [[Probable year:: 2017]]) .
https://constituteproject.org/constitution/Slovakia_[[Probable year:: 2017]]? lang=en +
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 [[Probable year:: 1991]] rev. [[Probable year:: 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 [[Probable year:: 1991]] rev. [[Probable year:: 2016]]” ).
https://constituteproject.org/constitution/Slovenia_[[Probable year:: 2016]]? lang=en +
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 [[Probable year:: 1978]] rev. [[Probable year:: 2018]]” ).
https://constituteproject.org/constitution/Solomon_Islands_[[Probable year:: 2018]]? lang=en +
Article 28 of the [[Probable year:: 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 +
The [[Probable year:: 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 [[Probable year:: 1993]]” ). Today, the [[Probable year:: 1996]] Constitution offers similar protections in Article 14 (Constitute Project, “South Africa [[Probable year:: 1996]] rev. [[Probable year:: 2012]]) .
https://www.gov.za/documents/constitution/constitution-republic-south-africa-act-200-[[Probable year:: 1993]]# 13%20Privacy
https://constituteproject.org/constitution/South_Africa_[[Probable year:: 2012]]? lang=en +
Under the first constitution of the Republic of Korea in [[Probable year:: 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) [[Probable year:: 1948]] rev. [[Probable year:: 1987]]” ).
https://constituteproject.org/constitution/Republic_of_Korea_[[Probable year:: 1987]]? lang=en +
Article 22 of the [[Probable year:: 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 [[Probable year:: 2011]] rev. [[Probable year:: 2013]]” ).
https://constituteproject.org/constitution/South_Sudan_[[Probable year:: 2013]]? lang=en +
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’s constitution does not protect the right to privacy, though privacy is mentioned briefly in Article 14A(2) (Constitute Project, “Sri Lanka [[Probable year:: 1978]] rev. [[Probable year:: 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_[[Probable year:: 2015]]? lang=en
https://www.dataguidance.com/notes/sri-lanka-data-protection-overview +
Privacy rights first appear in the [[Probable year:: 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 [[Probable year:: 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 [[Probable year:: 2019]]" ).
https://www.righttononviolence.org/mecf/wp-content/uploads/[[Probable year:: 2012]]/ 01/Constitution-Sudan-[[Probable year:: 1973]]- +-amendment-[[Probable year:: 1975]]. pdf
https://constituteproject.org/constitution/Sudan_[[Probable year:: 2019]]? lang=en +
The [[Probable year:: 1975]] Suriname Constitution protected the home and private life in Article 14 (Inter-American Commission on Human Rights, [[Probable year:: 1983]], “Report on the Human Rights Situation in Suriname”). Today, these rights are protected under Article 17 of the [[Probable year:: 1987]] Constitution (Constitute Project, “Suriname [[Probable year:: 1987]] rev [[Probable year:: 1992]]” ).
https://constituteproject.org/constitution/Surinam_[[Probable year:: 1992]]? lang=en
http://www.cidh.org/countryrep/Suriname83eng/chap.1.htm +
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
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 +
The right to privacy was limited in the [[Probable year:: 1973]] constitution, preventing only the private seizure of private property without judicial ruling (Carnegie Middle East Center, “The Syrian Constitution – [[Probable year:: 1973]]- [[Probable year:: 2012]]” ). Today, Articles 36 and 37 of the [[Probable year:: 2012]] Constitution protect privacy rights. Article 36 protects private life and Article 37 protects communications (Constitute Project, “Syrian Arab Republic [[Probable year:: 2012]]” ).
https://constituteproject.org/constitution/Syria_[[Probable year:: 2012]]? lang=en
https://carnegie-mec.org/diwan/50255?lang=en +
Article 24 of the [[Probable year:: 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 [[Probable year:: 1975]] rev. [[Probable year:: 2003]]) . Additionally, Article 25 grants that communications and one’s home are also private (Constitute Project, Sao Tome and Principe [[Probable year:: 1975]] rev. [[Probable year:: 2003]]) .
https://constituteproject.org/constitution/Sao_Tome_and_Principe_[[Probable year:: 2003]]? lang=en +
Articles 22 and 23 of the [[Probable year:: 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 [[Probable year:: 1994]] rev. [[Probable year:: 2016]]” ).
https://constituteproject.org/constitution/Tajikistan_[[Probable year:: 2016]]? lang=en +