Semantic search
Afghanistan 🖉 edit
The 1964 Afghan Constitution protected only the right to privacy in the home in Article 28 (“Afghanistan 1964 Constitution”). Today, Article 38 offers similar protections and Article 37 protects communications (Constitute Project, “Afghanistan 2004 Constitution”).
References:
1964 Afghanistan Constitution: https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish
2004 Afghanistan Constitution: https://www.constituteproject.org/constitution/Afghanistan_2004?%20lang=en
Albania 🖉 edit
In the 1928 Fundamental Statute of the Kingdom of Albania, Article 196 guaranteed the privacy of the home, and Article 201 addressed privacy of correspondence: "The secrecy of correspondence, telegraph and telephone messages is inviolable, except in case of war mobilisation, revolution and the investigation of serious crimes." The 1976 Constitution offered guarantees using similar language, in Articles 57 and 58.
Today, privacy is guaranteed in Articles 35 (data), 36 (correspondence), and 37 (home) of the 1998 constitution (Constitute Project, “Albania 1998 rev. 2016” ).
References:
1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html
1976: Albania Constitution: https://data.globalcit.eu/NationalDB/docs/ALB%20The%20Constitution%20of%20the%20Peoples%20Socialist%20Republic%20of%20Albania%201976.pdf
1998: Albania Constitution: https://www.constituteproject.org/constitution/Albania_2016?lang=en.
Algeria 🖉 edit
Today, the 2020 constitution protects the inviolability of the domicile in Article 47 and, in Article 46, private life and private communication (Constitute Project, “Algeria 2020” ). Previously, these rights were protected in the 1976 Constitution in Articles 39 and 40 (International Constitutional Law Project, Algeria Constitution”).
References:
2020 Algeria Constitution: https://constituteproject.org/constitution/Algeria_2020
1976 Algeria Constitution: https://www.servat.unibe.ch/icl/ag00000_.html
Andorra 🖉 edit
Articles 14 and 15 of the first and only Andorran constitution protect privacy in the state. Article 14 protects privacy, honor, and reputation, while Article 15 protects the home and communications (Constitute Project, “Andorra 1993” ).
https://constituteproject.org/constitution/Andorra_ 1993? lang=en
Angola 🖉 edit
Article 24 of the 1975 Constitution stated: "The People's Republic of Angola guarantees individual freedoms, namely the inviolability of the home and the privacy of correspondence, subject to the limits expressly provided for by law." Today, privacy rights are protected in Articles 32 (personal and family life), 33 (home), and 34 (correspondence and communication) of the 2010 constitution.
References:
1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197
2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010
Antigua and Barbuda 🖉 edit
In the constitution, Article 3, Section C protects the right to privacy in personal and family life, as well as the home.
References:
“Republic of Antigua and Barbuda / República Del Antigua y Barbuda Constitution of 1981 Constituciones De 1981.” Antigua and Barbuda: Constitution, 1981: https://pdba.georgetown.edu/Constitutions/Antigua/antigua-barbuda.html.
Argentina 🖉 edit
Articles 18 & 19 of the 1853 constitution protect privacy. Article 18(2) reads, “The residence is inviolable, as are letters and private papers; and a law shall determine in what cases and for what reasons their search and seizure shall be allowed,” while Article 19 reads, “The private actions of men that in no way offend public order or morality, nor injure a third party, are reserved only to God, and are exempt from the authority of the magistrates” (Constitute Project, “Argentina 1853, reinst. 1983, rev. 1994” ).
References:
https://www.constituteproject.org/constitution/Argentina_1994
Armenia 🖉 edit
The 1995 Armenian constitution protects several elements of the right to privacy in Articles 20-21. Article 20 states: "Everyone is entitled to defend his or her private and family life from unlawful interference and defend his or her honor and reputation from attack. The gathering, maintenance, use and dissemination of illegally obtained information about a person's private and family life are prohibited. Everyone has the right to confidentiality in his or her correspondence, telephone conversations, mail, telegraph and other communications, which may only be restricted by court order." Article 21 concerned privacy in the home: "Everyone is entitled to privacy in his or her own dwelling. It is prohibited to enter a person's dwelling against his or her own will except under cases prescribed by law. A dwelling may be searched only by court order and in accordance with legal procedures." The 2005 amendments to the Constitution of Armenia added language more explicitly focused on state-collected data and information: "Everyone shall have the right to become acquainted with the data concerning him/her available in the state and local self-government bodies. Everyone shall have the right to correction of any non-verified information and elimination of the illegally obtained information about him/her."
Articles 31-34 of the Constitution of Armenia as amended in 2015 offered further details about these rights. Article 34 created more firmly articulated data rights: "1. Everyone shall have the right to protection of data concerning him or her. 2. The processing of personal data shall be carried out in good faith, for the purpose prescribed by law, with the consent of the person concerned or without such consent in case there exists another legitimate ground prescribed by law. 3. Everyone shall have the right to get familiar with the data concerning him or her collected at state and local self-government bodies and the right to request correction of any inaccurate data concerning him or her, as well as elimination of data obtained illegally or no longer having legal grounds. 4. The right to get familiar with personal data may be restricted only by law, for the purpose of state security, economic welfare of the country, preventing or disclosing crimes, protecting public order, health and morals or the basic rights and freedoms of others. 5. Details related to the protection of personal data shall be prescribed by law." Finally, in 2015 the Constitution specified the conditions under which these rights might be restricted by the law, asserting that they "may be restricted only by law, for the purpose of state security, economic welfare of the country, preventing or disclosing crimes, protecting public order, health and morals or the basic rights and freedoms of others."
References:
"Constitution of the Republic of Armenia" (1995): http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng
"Constitution of the Republic of Armenia (with the Amendments of 27 November 2005)": http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng
"Amendments to the Constitution of the Republic of Armenia" (2015): http://www.parliament.am/legislation.php?sel=show&ID=5805&lang=eng
Australia 🖉 edit
Australia ratified the ICCPR in 1980, a treaty that includes privacy rights. According to the Australian Human Rights Commission: "The right to privacy under the ICCPR includes a right to private life (including intimate behaviour between consenting adults), as confirmed for example by the UN Human Rights Committee in Toonen v Australia." Though there is no federal right to privacy, some regions of Australia have extended regional protections, such as the ACT Human Rights Act of 2004.
References:
Australian Human Rights Commission: https://humanrights.gov.au/our-work/rights-and-freedoms/how-are-human-rights-protected-australian-law
ACT Human Rights Commission: https://www.hrc.act.gov.au/humanrights/rights-protected-in-the-act/right-to-privacy-and-reputation
Austria 🖉 edit
According to the Austrian Embassy in Washington, D.C., the ratification of the ECHR by Austria in 1958 gave the treaty constitutional law standing in the state. The ECHR is what protects the right to privacy in Austria.
References:
https://www.austria.org/human-rights-and-the-council-of-europe
Azerbaijan 🖉 edit
Today, Article 32 of the 1995 constitution protects privacy. It is quite detailed but protects personal privacy, family life, personal information, and correspondence. Article 33 extends privacy rights to the residence (Constitute Project, “Azerbaijan 1995 rev. 2016” ).
References:
“Azerbaijan 1995 (rev. 2016).” Constitute. https://www.constituteproject.org/constitution/Azerbaijan_2016
Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971.
Bahrain 🖉 edit
Articles 25 & 26 of the 1973 Bahrain Constitution protect privacy in the home and all types of communication. Article 25 states: "Places of residence shall be inviolable. They may not be entered or searched without the permission of their occupants except in the circumstances and manner specified by the law." Article 26 states: "Freedom of postal, telegraphic and telephonic communications and the secrecy thereof shall be guaranteed. No communications shall be censored nor the contents thereof revealed except in cases of necessity prescribed by the law and in accordance with the procedures and guarantees stated therein."
References:
“Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html
Bangladesh 🖉 edit
Article 43 of the 1972 Bangladesh Constitution grants the right to privacy in the home and correspondence: "Every citizen shall have the right, subject to any reasonable restrictions imposed by law in the interests of the security of the State, public order, public morality or public health- (a) to be secured in his home against entry, search and seizure; and to the privacy of his correspondence and other means of communication."
References:
http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf
Barbados 🖉 edit
Article 11(b) of the 1966 Barbados Constitution grants every person in Barbados privacy of their home. Article 20(1) prevents interference in correspondence, and Article 20.2(b) affirmed the State's authority in enforcing laws "protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence...."
References:
https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html#ch1
Belarus 🖉 edit
Article 28 of the 1994 Belarus Constitution asserts protection of many elements of private life, including communications and correspondence. Article 29 asserts protection of the status of the home.
References:
1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults
1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e
Belgium 🖉 edit
Article 11 of the 27 October 1830 Draft Constitution of Belgium articulated a defense of the right to privacy in the home, and Article 27 did the same for privacy of correspondence. Articles 10 and 22 of the 1831 Belgium Constitution guaranteed privacy in the home and correspondence, respectively.
References:
English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults
1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831
Belize 🖉 edit
In its only constitution since its independence, Belize protects privacy rights in Article 3(c). It protects family life, personal privacy, one’s home, and their dignity (Constitute Project, “Belize 1981 rev. 2011” ).
References:
1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html
Benin 🖉 edit
Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed the privacy of correspondence, telegraphy, and communication over the telephone, conditioned by respect for public order.
The inviolability of the domicile was guaranteed in Article 10 of the 1964 Constitution of the Republic of Dahomey, and the privacy of correspondence was guaranteed in Article 11 of the 1964 Constitution.
The 1990 constitution protects privacy in the home and of correspondence in Articles 20 and 21, respectively.
References:
1959 Constitution of the Republic of Dahomey: "Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=#
1964 Constitution of the Republic of Dahomey: English translation of the French original text fo the Constitution of 1964 152 (2011) Title II: The Rights and Duties of the Citizen: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbj0002&id=2&men_tab=srchresults
1990 Constitution of the Republic of Benin: https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf
Bhutan 🖉 edit
In 2008, a new constitution was passed, which protected privacy rights in Article 19. Article 19 reads: "A person shall not be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence nor to unlawful attacks on the person's honour and reputation.”
References:
Bhutan 2008 Constitution: https://www.constituteproject.org/constitution/Bhutan_2008
Bolivia 🖉 edit
Article 147 of the 1826 Draft Constitution for the Republic of Bolivia protected the inviolability of the home, as did Article 152 of the 6 November 1826 Constitution.
Article 160 of the 1831 Bolivia Constitution protected the privacy of correspondence: "The secrecy of Letters is inviolable; the Employees of the Post Office shall be responsible for the violation of this guarantee, except in such cases as the Laws shall provide." The 1831 Constitution continued to protect the inviolability of the home as well, in Article 152: "Every Bolivian's abode is an inviolable asylum. No forcible entry can be made therein, unless under such circumstances, and in such a manner, as the Law shall determine."
Today, privacy rights are protected in Article 21(3). These protections are general, while Article 25 protects more specific privacy rights in the home and correspondence (Constitute Project, “Bolivia (Plurinational State of) 2009” ).
References:
1826 Draft Constitution for the Republic of Bolivia: English text of the draft Constitution of 1826. 892 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbo0002&id=18&men_tab=srchresults
6 November 1826 Constitution of Bolivia: English translation of the original Constitution of 1826 6 (2010) Title II: Of Religion. https://heinonline.org/HOL/P?h=hein.cow/zzbo0003&i=1
1831 Constitution of Bolivia: English translation of the original text of the Constitution of 1831 836 (2010) Title the Last: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbo0004&id=20&collection=cow&index=
“Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009
Bosnia and Herzegovina 🖉 edit
In the aftermath of the annexation of Bosnia and Herzegovina by the Austro-Hungarian Empire, the Imperial Government wrote a constitution for Bosnia and Herzegovina. The relationship between the two political entities was described in Section 1 of the 1910 Constitution of Bosnia and Herzegovina: "Bosnia and the Herzegovina constitute a separate and homogeneous administrative territory, which, in conformity with the Law of the 22nd February, 1880 ... is subject to the responsible administration and control of the Imperial and Royal Joint Ministry." Section 14 of the 1910 Constitution of Bosnia and Herzegovina protected the privacy of the home, and Section 15 protected the privacy of correspondence.
Privacy rights have been protected in Bosnia and Herzegovina since 1995 with their independence from Yugoslavia. The 1995 constitution protects these rights in Article 3(f). These protections include private and family life, home, and correspondence (Constitute Project, “Bosnia and Herzegovina 1995 rev. 2009” ).
References:
1910 Constitution of Bosnia and Herzegovina: British and Foreign State Papers (1912) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0105&id=549&men_tab=srchresults#
“Bosnia and Herzegovina 1995 (Rev. 2009) Constitution.” Constitute. https://www.constituteproject.org/constitution/Bosnia_Herzegovina_2009?lang=en.
Botswana 🖉 edit
The 1966 constitution of Botswana includes privacy protections of the home in Article 3(c) and Article 9. Article 12, in protecting freedom of expression, also protects correspondence.
References:
1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana
Brazil 🖉 edit
In its first constitution, Brazil guaranteed the inviolability of the home in Article 179.7 and of correspondence in Article 179.27.
Today personal privacy, the home, and correspondence are protected in Article 5(X-XII) (Constitute Project, “Brazil 1988 rev. 2017” ).
References:
1824 Political Constitution of the Empire of Brazil: https://en.wikisource.org/wiki/Constitution_of_the_Empire_of_Brazil
1988 Brazil Constitution: https://constituteproject.org/constitution/Brazil_ 2017? lang=en
Brunei 🖉 edit
Brunei lacks any legislation or constitutional provisions for privacy rights. The 1996 United States Department of State Report on Brunei Human Rights even says that law actively allows for intrusions of privacy.
References:
1996 United States Department of State Report on Brunei Human Rights: https://1997-2001.state.gov/global/human_rights/1996_hrp_report/brunei.html
Bulgaria 🖉 edit
Article 74 of the 1879 Constitution of the Principality of Bulgaria protects the privacy of the home: "No person can be imprisoned, and no house searched, except under the conditions expressed by the laws." Article 77 of the 1879 Constitution protects the privacy of correspondence: "Private letters and telegrams are secret and inviolable. A special law will determine the responsibility of those to whom letters and telegrams are confided." These same rights to privacy with respect to the home and to correspondence were also promised by Articles 85 and 86, respectively, of the 1947 Constitution of the People's Republic of Bulgaria, as well as by Articles 49 and 51 of the 1971 Constitution of the People's Republic of Bulgaria.
The right to privacy, including family life, private life, honor, dignity, and reputation, is protected in Article 32 of the 1991 constitution (Constitute Project, “Bulgaria 1991 rev. 2015”).
References:
1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XII: The Subjects of the Principality of Bulgaria: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=7&men_tab=srchresults
1947 Constitution of the People's Republic of Bulgaria: "Chapter VIII: Basic Rights and Obligations of Citizens," Constitution of the People's Republic of Bulgaria : 241-244 https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbg0007&id=9&collection=cow&index=
1971 Constitution of the People's Republic of Bulgaria: "Chapter III: Basic Rights and Obligations of the Citizens," [Constitution of the People's Republic of Bulgaria] (1971): 14-22 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0021&id=17&men_tab=srchresults
1991 Constitution of the Republic of Bulgaria: https://constituteproject.org/constitution/Bulgaria_ 2015? lang=en
Burkina Faso 🖉 edit
Article 11 of the 1970 Constitution of Upper Volta proclaimed the inviolability of the home. Section One, Paragraph 4 of the 1977 Constitution of Upper Volta protected the privacy of correspondence.
The 1991 Burkina Faso Constitution protects privacy rights in Article 6. It reads, “The residence, the domicile, private and family life, [and] the secrecy of correspondence of every person, are inviolable. It can only be infringed according to the forms and in the cases specified by the law” (Constitute Project, “Burkina Faso 1991 rev. 2015” ).
References:
1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults
1977 Constitution of Upper Volta: "Section I: The Liberties," Constitution de la Republique Haute-Volta (1977): 2-3 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0031&id=3&men_tab=srchresults
https://constituteproject.org/constitution/Burkina_Faso_ 2015? lang=en
Burundi 🖉 edit
In the 1962 Constitution of Burundi, Article 12 provides for privacy of the home: "The domicile shall be inviolable. Search may not take place except in the circumstances and form provided by law." Article 20 concerns the status of privacy of correspondence: "The secrecy of correspondence shall be inviolable. Nevertheless, a law shall institute agents authorized to open suspect letters in the mails."
In the 1998 Burundi Constitution, privacy rights are contained in Article 23 and protect privacy, family, home, and correspondence (Constitution Net, “Constitution of Burundi”). Today, they are contained in Article 28 of the 2018 constitution (Constitute Project, “Burundi 2018” ).
References:
English translation of the Constitution of 1962, "Title II: Barundi and their Rights," Constitution of the Kingdom of Burundi : 20-21: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbi0002&id=3&men_tab=srchresults
https://constituteproject.org/constitution/Burundi_ 2018? lang=en
Cambodia 🖉 edit
The 1947 Constitution offered privacy rights with reference to the home and to correspondence. Article 11 of that document held that "The domicile is inviolable. No one may get in except in the cases specified by the Law and according to the forms it prescribes." Article 12 concerned correspondence: "The secrecy of letters is inviolable, temporary derogations being explicitly provided for by the Law when the higher interest of the Nation makes it necessary."
The 1993 constitution contains privacy rights in Article 40: “The rights to privacy of residence, and to the confidentiality of correspondence by mail, telegram, fax, telex and telephone, shall be guaranteed” (Office of the Council of the Ministers of Cambodia, “Constitution of the Kingdom of Cambodia”).
References:
1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf
1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539
Cameroon 🖉 edit
Two elements of privacy were asserted in the 1972 Cameroon Constitution. The first concerned the home: "the home is inviolate. No search may be conducted except by virtue of the law". The second concerned correspondence: "the privacy of all correspondence is inviolate. No interference may be allowed except by virtue of decisions emanating from the Judicial power".
References:
1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en
Canada 🖉 edit
According to section E8 of the Constitution Act of 1982, "Everyone has the right to be secure against unreasonable search or seizure."
References:
Constitution Act of 1982: https://laws-lois.justice.gc.ca/pdf/const_e.pdf
Cape Verde 🖉 edit
Article 33 makes violations of privacy inadmissible in court, while Article 38 grants the right to “personal identity, to civil rights, to a name, honor, and reputation, and to personal and family privacy”. Article 41 extends privacy rights to correspondence, and Article 42 extends it to electronic data privacy (Constitute Project, “Cape Verde 1980 rev. 1992” ).
References:
Cape Verde's Constitution of 1980 with Amendments through 1992: https://www.constituteproject.org/constitution/Cape_Verde_1992
Central African Republic 🖉 edit
In 1994, a new constitution was passed in the Central African Republic. Article 13 granted private communications inviolable and Article 14 did the same for the private home . Today, private communication is seen in Article 16 and the home is inviolable in Article 19 (Constitute Project, “Central African Republic 2016” ).
References:
Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf
“Central African Republic 2016 Constitution.” Constitute. Last modified 2016. https://www.constituteproject.org/constitution/Central_African_Republic_2016
Chad 🖉 edit
Article 5 of the 1959 Chad Constitution proclaimed the inviolability of the domicile.
Both the 1996 and 2018 Chad Constitutions protect the right to privacy in Article 17 and the right to privacy in communications in Article 45 and 47, respectively.
References:
1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults
1996 Chad Constitution: French original text of the Constitution of 1996. 4 (2009) Chapter I: Of the Freedoms and of the Fundamental Rights https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0001&id=6&men_tab=srchresults
2018 Chad Constitution: https://constituteproject.org/constitution/Chad_ 2018? lang=en
Chile 🖉 edit
Article 16 of the 1812 Provisional Constitutional Regulation of Chile offered protections relevant to the right to privacy: "The right that the citizens have to the security of their persons, homes and effects and papers, will be respected; and no orders will be made without probable cause, supported by a judicial affirmation [juramento], and without designating with clarity the places or things that will be examined or apprehended." Article 224 of the 1822 Constitution of Chile proclaimed the sanctity of "the inviolability of letters and the freedom of private conversations".
The right to privacy is protected under the current constitution. Article 19.4 protects personal life and data: "Respect and protection of the private life and honor of the individual and his family, and specifically, the protection of his personal data. The treatment and protection of these data will be handled in the manner and conditions set forth by law...." Article 19.5 protects the home and communication: "The inviolability of the home and of all forms or private communication. The home can only be searched and the private communications and documents intercepted, opened or registered in the circumstances and manner prescribed by law...."
References:
1812 Provisional Constitutional Regulation of Chile:"Provisional Constitutional Regulation, 26/27 October 1812," Provisional Constitutional Regulation, 26/27 October 1812 (1812): 1-10: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0108&id=9&men_tab=srchresults
1822 Constitution of Chile: English translation of the Spanish original text of the Constitution of 1822 27 (2013) Chapter IV: Of the Administration of Justice and of the Individual Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzcl0114&id=27&collection=cow&index=
1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021
China 🖉 edit
In 1975, the Chinese Constitution protected the right to privacy to the person and the home in Chapter III, Article 28 (Constitution of the People’s Republic of China, 1975, 39). Today, Articles 38-40 protect privacy in China. Article 38 is for personal dignity, 39 for the home, and 40 for correspondence (Constitute Project, “China (People’s Republic of) 1982 rev. 2018” ).
https://constituteproject.org/constitution/China_ 2018? lang=en https://china.usc.edu/sites/default/files/article/attachments/peoples-republic-of-china-constitution- 1975. pdf
Colombia 🖉 edit
The 1991 Colombian constitution is very explicit in its privacy protections in Article 15. Section 1 grants privacy to people and family life, section 2 is for data privacy, section 3 is for correspondence (Constitute Project, “Colombia 1991 rev. 2015” ).
https://constituteproject.org/constitution/Colombia_ 2015? lang=en
Comoros 🖉 edit
Today, privacy provisions are in Article 26 and Article 27, which grant privacy in the home and correspondence (Constitute Project, “Comoros 2018” ). Before this constitution, similar clauses were in the 1996 constitutional preamble, drawn from the United Nations Universal Declaration of the Rights of Man (Constitution Net, “CONSTITUTION of the FEDERAL ISLAMIC REPUBLIC OF THE COMOROS”).
https://constituteproject.org/constitution/Comoros_ 2018? lang=en http://constitutionnet.org/sites/default/files/Comoros%20Constitution.pdf
Costa Rica 🖉 edit
Today, privacy rights are protected in Articles 23 (the home) and 24 (communications and intimacy) (Constitute Project, “Costa Rica 1949 rev. 2020” ).
https://constituteproject.org/constitution/Costa_Rica_ 2020? lang=en
Croatia 🖉 edit
Article 34 of the 1991 constitution protects the home. Article 35 protects personal and familial life, as well as dignity. Article 36 protects correspondence (Constitute Project, “Croatia 1991 rev. 2013” ).
https://constituteproject.org/constitution/Croatia_ 2013? lang=en
Cuba 🖉 edit
The 2019 constitution protects personal and familial privacy in Article 48, the home in Article 49, and correspondence in Article 50 (Constitute Project, “Cuba 2019” ). Privacy was not in the previous Cuban constitution of 1976 (Constitute Project, “Cuba 1976 rev. 2002” ).
https://constituteproject.org/constitution/Cuba_ 2019? lang=en https://constituteproject.org/constitution/Cuba_ 2002? lang=en
Cyprus 🖉 edit
Article 15 of the 1960 constitution reads: “Every person has the right to respect for his private and family life.” Article 16 expands these protections to the home, as Article 17 expands them to correspondence and communication (Constitute Project, “Cyprus 1960 rev. 2013” ).
https://constituteproject.org/constitution/Cyprus_ 2013? lang=en
Czech Republic 🖉 edit
Article 7(1) of the 1993 constitution guarantees the inviolability of persons and private life. Article 10 protects life from intrusion by others, and it also protects data privacy (Constitute Project, “Czech Republic 1993 rev. 2013” ).
https://constituteproject.org/constitution/Czech_Republic_ 2013? lang=en
Democratic Republic of the Congo 🖉 edit
The personal right to privacy is granted in Article 31 of the 2005 Constitution, while the home is protected under Article 29 (Constitute Project, “Congo (Democratic Republic of the) 2005 rev. 2011” ). Before this, the right to privacy in home and correspondence were granted in the Zaire 1990 constitution (amended from a previous version, though unclear which previous version) in Articles 22 & 23 (World Statesmen, “Complete Text of the Zairian Constitution After the Enactment of Law No. 90-002 of July 5, 1990 Concerning the Modification of Certain Provisions of the Constitution”).
https://constituteproject.org/constitution/Democratic_Republic_of_the_Congo_ 2011? lang=en https://www.worldstatesmen.org/Zaire 1990. pdf
Denmark 🖉 edit
Today, Article 72 protects the right to privacy in the home, while also preventing the search of private communications (Constitute Project, “Demark 1953” ). The general form of the constitution derives from the 1849 Danish Constitution (Danish Parliament, “The Constitutional Act of Denmark”).
https://constituteproject.org/constitution/Denmark_ 1953? lang=en https://www.thedanishparliament.dk/en/democracy/the-constitutional-act-of-denmark
Djibouti 🖉 edit
Today, the right to privacy in the home and communications are protected in the 1992 constitution Articles 12 & 13. Personal life is not protected (Constitute Project, “Djibouti 1992 rev. 2010” ).
https://constituteproject.org/constitution/Dominica_ 2014? lang=en
Dominica 🖉 edit
Article 1(c) of the only constitution Dominica has had, written in 1978, protects the right to privacy in the home. Article 7(1) protects privacy during a search (Constitute Project, "Dominica 1978 rev. 2014" ).
https://constituteproject.org/constitution/Dominica_ 2014? lang=en
Dominican Republic 🖉 edit
Today, Article 44 protects the right to privacy and personal honor. It reads, “All people have the right to privacy. The respect and non-interference into private and family life, the home, and private correspondence are guaranteed. The right to honor, good name, and one’s own image are recognized. All authorities or individuals who violate them are obligated to compensate or repair them in accordance with the law” (Constitute Project, “Dominican Republic 2015” ). The subsections expand on these rights. In previous versions, this was the right to intimacy and personal honor (Constitute Project, “Dominican Republic 2010” ). Previous constitutions could not be found in English.
https://constituteproject.org/constitution/Dominican_Republic_ 2015? lang=en https://constituteproject.org/constitution/Dominican_Republic_ 2010? lang=en
East Timor 🖉 edit
The Constitution of East Timor, or Timor-Leste, protects the right to private life, home, and communication during evidence collection in Article 34, privacy in general in Article 36, and privacy in the home and communication in Article 37. The text of Section 36 is noteworthy for the generality of its protection: "Every individual has the right to honour, good name and reputation, protection of his or her public image and privacy of his or her personal and family life."
References:
2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf.
Ecuador 🖉 edit
Article 65 of the 1830 Constitution protected the inviolability of the home: "The house of a citizen is inviolable -therefore cannot be broken into except in cases and requirements prevented by law."
The 1869 Constitution defended the right of inviolability of the home in similar terms in Article 105, and asserted protection of the privacy of correspondence in Article 107: "Epistolary correspondence is inviolable. Papers or goods belonging to private persons cannot be opened, intercepted, or examined, excepting in the cases specified by the law."
The 1897 Constitution offered a similar defense of privacy of correspondence, but applied the guarantee more broadly: "Epistolary and telegraphic correspondence is inviolable, and may not be made use of in trials for political offences. It is forbidden to intercept, open, or register papers or effects which are private property, except in the cases indicated by law."
Article 11(3) of the 2008 Constitution enforces and protects the rights put forth by the constitution and international treaties: “The rights and guarantees set forth in the Constitution and in international human rights instruments shall be directly and immediately enforced by and before any civil, administrative or judicial servant, either by virtue of their office or at the request of the party”. In Chapter 6, Rights to Freedom, Article 66, Sections 11 and 19-22 set out more specific privacy regulations in terms of convictions, correspondence, the home, personal data, and privacy rights (Constitute Project, “Ecuador 2008 rev. 2021).
References:
1830 Constitution of Ecuador: English translation of the original Constitution of 1830. 15 (2017) Part VIII: Civil Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0081&id=15&men_tab=srchresults
1869 Constitution of Ecuador: English translation of the original Constitution of 1869 1244 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0003&id=16&men_tab=srchresults
1878 Constitution of Ecuador: Spanish text of the constitution of 1878 414 (2017) Section III: Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0056&id=1&men_tab=srchresults
2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en.
Egypt 🖉 edit
The 1923 constitution of Egypt protects personal freedom in Article 4, privacy in the home in Article 8, and correspondence in Article 11 (Constitution Net, “Royal Decree No. 42 of 1923 On Building a Constitutional System for the Egyptian State”). Today, these rights are protected in Articles 57 & 58 (Constitute Project, “Egypt 2014 rev. 2019” ).
References:
“Royal Decree No. 42 of 1923” 1923: https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf
https://www.constituteproject.org/constitution/Egypt_2019?lang=en