Right to Privacy

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• Most people consider right to privacy to be a fundamental human right
• the word privacy does not appear anywhere in the Constitution
  • but are 2 sources for establishing constitutional protections of individual privacy

    1. Fourth Amendment

       “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

       • establishes right of individuals to be protected against some government interference in their private lives

    2. Supreme Court precedent

       • further establishes the right of individuals “to be let alone”
• Several state constitutions do explicitly grant this right

  • e.g.,

    • Article 1, Section 23 of the California Constitution:

    “Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.”

    • Section 6 of the Florida Constitution:

    “The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest. The legislature shall take affirmative steps to implement this right.”

Sources of Privacy Law

• the scope of the right to privacy is defined by:
  • Constitutional law
  • Federal law
  • State law
  • Common law
  • Voluntary agreements