How is the right to privacy protected by human rights law?
In California, the right to privacy is protected by human rights law. Under the California Constitution and the United States Constitution, the right to privacy is considered a fundamental right. This means it is an inherent right that should be respected and upheld. The California Constitution outlines the right to privacy in article I, section 1 which states “all people are by nature free and independent and have inalienable rights, among which are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.” The United States Constitution also recognizes the right to privacy in multiple amendments. The Fourth Amendment specifically notes that people have the right to be free from unreasonable searches and seizures of their property. This means law enforcement officials cannot conduct searches on individuals’ property without a court-issued warrant or probable cause. Furthermore, California’s Privacy Act protects the personal information of individuals that is stored on computers and other electronic media. The Act also regulates how corporations use personal information and establishes guidelines on how long companies can retain such information. By enacting laws that protect personal information from unwarranted searches and regulates how personal information is used, California and the United States are ensuring that the right to privacy is upheld for all citizens.
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