Semantic search

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. Today, privacy rights are protected in Article 26 (Constitute Project, “Ethiopia 1994” ).

https://chilot.files.wordpress.com/ 2011/ 04/ethiopian-constitution-of- 1931. pdf https://constituteproject.org/constitution/Ethiopia_ 1994? lang=en

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

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

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

In the 1975 constitution, the Greeks protect the right to privacy in Article 9. This article protects the home, private, and family life. Article 9A provides constitutional data privacy protections (Constitute Project, “Greece 1975 rev. 2008” ).

https://constituteproject.org/constitution/Greece_ 2008? lang=en

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

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” ).

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/2 1123/ 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

Article 28G grants the right to privacy. It reads, “Every person shall have the right to protection of his/herself, family, honour, dignity, and property, and shall have the right to feel secure against and receive protection from the threat of fear to do or not do something that is a human right” (Constitute Project, Indonesia 1954 reinst. 1959, rev. 2002” ).

https://constituteproject.org/constitution/Indonesia_ 2002? lang=en

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.

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 13-15 grant privacy to people, homes, and correspondence in the Italian Constitution from 1947 (Constitute Project, “Italy 1947 rev. 2020” ). Previous constitutions are from 1848 and 1861, but translations were not found.

https://constituteproject.org/constitution/Italy_ 2020? lang=en

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

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. ”

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%20 1847% 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

Article 6 of the 1992 constitution protected the three main privacy rights: the home, correspondence, and the individual (Constitute Project, “Mali 1992” ).

https://www.constituteproject.org/constitution/Mali_ 1992? lang=en

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

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/ 1974C onstitution.pdf?__cf_chl_jschl_tk__=pmd_uXw1EkLnkyq9T6FqkzA_NO9lvJaIhzdgyzAJ1J1s5Ko-163543 1051- 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

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

The 1974 constitution “guarantees the inviolability of the home, the dwelling, and of any other private premises of persons” in Article 58 (General Secretariat Organization of American States, Washington D.C., “Constitution of the Republic of Nicaragua”). Article 80 protected correspondence. The 1987 constitution broadened privacy rights in Article 26 stating: “Everyone has the right to: 1. Privacy in his/her life and that of his/her family; 2. Respect of his/her honor and reputation; 3. Know about any information which private or public entities may have on record about him/her as well as the right to know why and for what purpose they hold such information; 4. Inviolability of his/her domicile, correspondence and communication of any kind.” (Constitute Project, “Nicaragua 1987 rev. 2014” ).

https://books.google.com/books?printsec=frontcover&vid=LCCN77374018#v=snippet&q=inviolable&f=false https://www.constituteproject.org/constitution/Nicaragua_ 2014? lang=en

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_const 1960. 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

Norway has had one constitution since 1814, though it has been amended many times. Article 102 gives everyone “the right to respect for his private and family life, his home and his correspondence” (Constitute Project, “Norway 1814 rev. 2016” ). However, it appears this was amended sometime after 2004, as the version with amendments through 2004 does not have this language in Article 102 (Constitute Project, “Norway 1814 rev. 2004” ).

https://constituteproject.org/constitution/Norway_ 2016? lang=en https://www.constituteproject.org/constitution/Norway_ 2004. pdf

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

Article 28 of the 1904 constitution keeps documents private (University of Michigan, “Constitution of the Republic of Panama”). The 1972 constitution reflects the same tone toward the privacy of documents in Article 29. Article 26 grants the home inviolable, though there is no blanket protection of privacy rights in the 1972 constitution (Constitute Project, “Panama 1972 rev. 2004” ).

https://babel.hathitrust.org/cgi/pt?id=mdp.35112104577715&view=1up&seq=12 https://constituteproject.org/constitution/Panama_ 2004? lang=en

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

In the 1967 constitution, Article 68 makes the home inviolable, and Article 69 makes communications inviolable, barring investigation (International Foundation for Electoral Systems, “Constitution of the Republic of Paraguay 1967” . Today, according to Article 33 of the Paraguay Constitution, “Personal and family intimacy, as well as the respect of private life, is inviolable. The behavior of persons, that does not affect the public order established by the law or the rights of third parties[,] is exempted from the public authority.” Article 34 inviolably protects the home (Constitute Project, “Paraguay 1992 rev. 2011” ).

https://constituteproject.org/constitution/Paraguay_ 2011? lang=en https://www.ifes.org/sites/default/files/con00138.pdf

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.

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 1979. 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 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”).

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/e 1921. 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

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

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

Romania 🖉 edit

Today, Article 26 of the 1991 Romanian Constitution protects personal and family privacy: “(1) The public authorities shall respect and protect the intimate, family and private life” (Constitute Project, “Romania 1991 rev. 2003” ). Privacy may have been protected in earlier iterations of the constitution (i.e., 1952, 1965, etc.), but English translations could not be found.

https://constituteproject.org/constitution/Romania_ 2003? lang=en

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

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 2006 Serbian Constitution does not protect the right to privacy outright but allows for privacy in communication and data collection/sharing in Articles 41 and 42 (Constitute Project, “Serbia 2006” ).

https://constituteproject.org/constitution/Serbia_ 2006? lang=en

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

The 1978 Spanish Constitution was the first to present privacy rights in Spain. Section 19(1) protects “the right to honour, to personal and family privacy and to the own image,” while 19(2) protects the home, and 19(4) explicitly grants data privacy (Constitute Project, “Spain 1978 rev. 2011” ).

https://constituteproject.org/constitution/Spain_ 2011? lang=en

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

Constitutionally, privacy rights were introduced with the 1974 Swedish Constitution. Articles 2 and 6 present the right to privacy, while Article 20 allows the provisions in Article 6 to have some limitations (Constitute Project, “Sweden’s Constitution of 1974 with Amendments through 2012” ). Sweden was also the first to introduce data privacy rights with the Data Act in 1973 (GDPRHub, “Data Protection in Sweden”).

https://www.constituteproject.org/constitution/Sweden_ 2012. pdf?lang=en https://gdprhub.eu/Data_Protection_in_Sweden

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”). This law has since been revised, but since then, the right to privacy was added to the 1999 Swiss Constitution in Article 13 (Constitute Project, “Switzerland 1999 rev. 2014” ).

https://www.dlapiperdataprotection.com/index.html?t=law&c=CH https://constituteproject.org/constitution/Switzerland_ 2014? lang=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

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

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

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

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

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

In 1959, the constitution granted the right to privacy in Article 9. At some point between then and 2008, this article was amended to protect personal data, reflecting the changes in privacy rights with new technologies (Constitute Project, “Tunisia 1959 rev. 2008" ).

https://www.constituteproject.org/constitution/Tunisia_ 2008? lang=en

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/Turkeyconstitution 1924. 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/D9E58AFB0C84 1166C 1256F FD0034016C 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 United Kingdom 1988 Human Rights Act entrenched the ECHR into United Kingdom law (Liberty, “The Human Rights Act”). It protects one’s privacy from unnecessary intrusion, among other rights. Additionally, in ‘’The Right to Privacy’’ Warren and Brandeis cite Lord Cottenham in 1820 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) .

https://www.libertyhumanrights.org.uk/your-rights/the-human-rights-act/ 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 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%281890 1215% 294%3A5%3C193%3ATRTP%3E2.0.CO%3B2-C

United States 🖉 edit

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. Constitutionally, it was first found in the 1965 Supreme Court case ‘’Griswold v. Connecticut’’ (Privacy, n.d.).

Privacy. (n.d.). Cornell Law School Legal Information Institute. Retrieved Sept. 8, 2021, from https://www.law.cornell.edu/wex/privacy 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%281890 1215% 294%3A5%3C193%3ATRTP%3E2.0.CO%3B2-C

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" ).

https://constituteproject.org/constitution/Uruguay_ 2004? lang=en

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-Zambia 1964. 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_upr 2016. pdf