Privacy Protections in State Constitutions
Congress and the states have enacted laws to protect individuals' privacy
in various specific areas, such as medical and financial records, and courts
have determined a right to privacy in certain areas. State constitutions
provide another source of protection. Constitutions in ten states--Alaska,
Arizona, California, Florida, Hawaii, Illinois, Louisiana, Montana, South
Carolina, and Washington--expressly recognize a right to privacy. In other states,
court decisions have established constitutional rights of privacy.
| Alaska |
art.
I, §22 |
The right of the people to privacy is recognized
and shall not be infringed. The legislature shall implement this section. |
| Arizona |
art.
II, §8 |
No person shall be disturbed in his private
affairs, or his home invaded, without authority of law. |
| California |
art.
I, §1 |
All people are by nature free and independent
and have inalienable rights. Among these are enjoying and defending life
and liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy. |
| Florida |
art.
I, §12
art.
I, §23 |
Searches and Seizures
The right of the people to be secure in their persons, houses, papers
and effects against unreasonable searches and seizures, and against the
unreasonable interception of private communications by any means, shall
not be violated. No warrant shall be issued except upon probable cause,
supported by affidavit, particularly describing the place or places to
be searched, the person or persons, thing or things to be seized, the communication
to be intercepted, and the nature of evidence to be obtained. This right
shall be construed in conformity with the 4th Amendment to the United States
Constitution, as interpreted by the United States Supreme Court. Articles
or information obtained in violation of this right shall not be admissible
in evidence if such articles or information would be inadmissible under
decisions of the United States Supreme Court construing the 4th Amendment
to the United States Constitution.
Right to Privacy
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. |
| Hawaii |
art.
I, §§6 & 7 |
Section 6: Right To Privacy
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. [Add Const Con 1978 and
election Nov 7, 1978]
Section 7: Searches, Seizures and Invasion of Privacy
The right of the people to be secure in their persons, houses, papers
and effects against unreasonable searches, seizures and invasions of privacy
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 or the communications
sought to be intercepted. [Am Const Con 1968 and election Nov 5, 1968;
ren and am Const Con 1978 and election Nov 7, 1978]
|
| Illinois |
art.
I, §§6 & 12 |
Section 6. Searches, Seizures, Privacy and Interceptions
The people shall have the right to be secure in their persons, houses,
papers and other possessions against unreasonable searches, seizures, invasions
of privacy or interceptions of communications by eavesdropping devices
or other means. No warrant shall issue without probable cause, supported
by affidavit particularly describing the place to be searched and the persons
or things to be seized.
Section 12. Right To Remedy and Justice
Every person shall find a certain remedy in the laws for all injuries
and wrongs which he receives to his person, privacy, property or reputation.
He shall obtain justice by law, freely, completely, and promptly. |
| Louisiana |
art.
I, §5 |
Every person shall be secure in his person,
property, communications, houses, papers, and effects against unreasonable
searches, seizures, or invasions of privacy. No warrant shall issue without
probable cause supported by oath or affirmation, and particularly describing
the place to be searched, the persons or things to be seized, and the lawful
purpose or reason for the search. Any person adversely affected by a search
or seizure conducted in violation of this Section shall have standing to
raise its illegality in the appropriate court. |
| Montana |
art.
II, §10 |
The right of individual privacy is essential
to the well-being of a free society and shall not be infringed without
the showing of a compelling state interest. |
| South Carolina |
art.
I, §10 |
The right of the people to be secure in their
persons, houses, papers, and effects against unreasonable searches and
seizures and unreasonable invasions of privacy 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, the person or thing
to be seized, and the information to be obtained. |
| Washington |
art.
I, §7 |
Invasion of Private Affairs or Home Prohibited
No person shall be disturbed in his private affairs, or his home invaded,
without authority of law. |
NCSL contact: Pam Greenberg, pam.greenberg at ncsl.org, 303-364-7700 ext. 1413.
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