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The [[Probable year:: 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 [[Probable year:: 1997]] constitution (as amended in [[Probable year:: 2005]]) privacy and personal security in Article 16 (Constitute Project, “Tanzania’s Constitution of [[Probable year:: 1977]] with Amendments through [[Probable year:: 2005]]” ).
http://www.worldstatesmen.org/Tanzania-Constitution-[[Probable year:: 1965]]. pdf
https://constituteproject.org/constitution/Tanzania_[[Probable year:: 2005]]? lang=en +
The earliest mention of privacy is the [[Probable year:: 1997]] constitution of Thailand. While they have had many constitutions since [[Probable year:: 1932]], the earliest translation found was that of the [[Probable year:: 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 +
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) [[Probable year:: 1973]]” ).
https://constituteproject.org/constitution/Bahamas_[[Probable year:: 1973]]? lang=en +
Article 23 of the [[Probable year:: 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) [[Probable year:: 1996]] rev. [[Probable year:: 2018]]” ).
https://constituteproject.org/constitution/Gambia_[[Probable year:: 2018]]? lang=en +
Articles 27, 28, and 29 in the [[Probable year:: 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 [[Probable year:: 1992]] with Amendments through [[Probable year:: 2007]]” ).
https://constituteproject.org/constitution/Togo_[[Probable year:: 2007]]? lang=en +
The Tonga constitution was written in [[Probable year:: 1875]]. Under Article 16, privacy is granted during searches, except for lawfully granted searches through a warrant (Constitute Project, “Tonga’s Constitution of [[Probable year:: 1875]] with Amendments through [[Probable year:: 2013]]” ).
https://constituteproject.org/constitution/Tonga_[[Probable year:: 2013]]. pdf?lang=en +
The [[Probable year:: 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 [[Probable year:: 1976]] rev. [[Probable year:: 2007]]" ).
https://www.constituteproject.org/constitution/Trinidad_and_Tobago_[[Probable year:: 2007]]? lang=en +
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. +
The [[Probable year:: 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/Turkeyconstitution[[Probable year:: 1924]]. pdf +
The [[Probable year:: 1992]] Constitution protects against arbitrary interference of privacy in Article 25 (International Committee on the Red Cross, “Constitution [[Probable year:: 1992]], as of [[Probable year:: 2008]]” ).
Today, Article 37 of the [[Probable year:: 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 [[Probable year:: 2008]] with Amendments through [[Probable year:: 2016]]” ).
https://ihl-databases.icrc.org/applic/ihl/ihl-nat.nsf/0/D9E58AFB0C84[[Probable year:: 1166]]C [[Probable year:: 1256]]F FD0034016C
https://constituteproject.org/constitution/Turkmenistan_[[Probable year:: 2016]]. pdf?lang=en +
The [[Probable year:: 1996]] constitution protects privacy rights under Articles 11(h) and 21 (Constitute Project, “Tuvalu Constitution of [[Probable year:: 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 [[Probable year:: 1996]]” ).
https://www.constituteproject.org/constitution/Tuvalu_[[Probable year:: 1986]]. pdf?lang=en +
Article 17(c) of the [[Probable year:: 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 [[Probable year:: 1995]] Constitution grants these protections in Article 27 (Constitute Project, “Uganda’s Constitution of [[Probable year:: 1995]] with Amendments through [[Probable year:: 2017]]" ).
https://www.worldstatesmen.org/Uganda-const-[[Probable year:: 1962]]. pdf
https://www.constituteproject.org/constitution/Uganda_[[Probable year:: 2017]]. pdf?lang=en +
Articles 30, 31, and 32 of the [[Probable year:: 1996]] Constitution grant the right to privacy (Constitute Project, “Ukraine’s Constitution of [[Probable year:: 1996]] with Amendments through [[Probable year:: 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 [[Probable year:: 1996]] with Amendments through [[Probable year:: 2016]]” ).
https://www.constituteproject.org/constitution/Ukraine_[[Probable year:: 2016]]. pdf?lang=en +
The [[Probable year:: 1971]] constitution protects privacy in communications in Articles 31 and Article 36 protects one’s home (Constitute Project, “United Arab Emirates [[Probable year:: 1971]], rev. [[Probable year:: 2009]]" ).
https://www.constituteproject.org/constitution/United_Arab_Emirates_[[Probable year:: 2009]]? lang=en +
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. +
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.
The [[Probable year:: 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 [[Probable year:: 1966]], reinst. [[Probable year:: 1985]], rev. [[Probable year:: 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_[[Probable year:: 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. +
Article 27 of the [[Probable year:: 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 [[Probable year:: 1992]] with Amendments through [[Probable year:: 2011]]” ).
https://www.constituteproject.org/constitution/Uzbekistan_[[Probable year:: 2011]]. pdf?lang=en +
Article 5(1)(j) in the [[Probable year:: 1980]] Vanuatu Constitution protects privacy in the home and property (Constitute Project, “Vanuatu’s Constitution of [[Probable year:: 1980]] with Amendments through [[Probable year:: 2013]]” ).
https://www.constituteproject.org/constitution/Vanuatu_[[Probable year:: 2013]]. pdf?lang=en +
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 +