Semantic search
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