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PrivacyThe Lost Right$

Jon L. Mills

Print publication date: 2008

Print ISBN-13: 9780195367355

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195367355.001.0001

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(p.339) Appendix II Privacy Protections in State Constitutions1678

(p.339) Appendix II Privacy Protections in State Constitutions1678

Source:
Privacy
Publisher:
Oxford University Press

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. (p.340)

(p.341)

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, § 23

“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

“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.”

Illinois

art. I, § 12

“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

“No person shall be disturbed in his private affairs, or his home invaded, without authority of law.”

(p.342)

Notes:

(1678) From the Web site of the National Conference of State Legislatures, http://www.ncsl.org/programs/lis/privacy/stateconstpriv03.htm (last visited May 9, 2008). Provisions dealing only with search and seizure have been deleted.