How is the right to privacy protected by human rights law?
In Texas, the right to privacy is protected by human rights law through the U.S. Constitution and the Texas Constitution. The Fourth Amendment of the U.S. Constitution states that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated”, and this same right is protected in the Texas Constitution as well. Additionally, the Texas Penal Code prohibits law enforcement from searching a person or their property without either permission or a search warrant which is issued by a judge. Furthermore, the Texas Penal Code also prohibits individuals from invading the privacy of others through activities like interception of communications or taking photos of others without their consent. In addition to the protections within the constitutions and statute, the Texas Supreme Court has recognized the right to privacy as a fundamental right that can be enforced against other parties. This means that if someone invades another’s privacy without permission, the person whose privacy was violated can sue for damages. Finally, Texas also has laws that specifically protect the right to privacy. For example, the Texas Public Information Act protects the public from unwarranted intrusions into the affairs of government. The Texas Medical Records Privacy Act also protects the privacy of an individual’s medical information and records. In sum, since the Founding Fathers’ original protection of privacy rights, Texas has been vigilant in protecting its citizens’ right to privacy. Through the U.S. and Texas Constitutions, the Texas Penal Code, and specialized laws, Texas seeks to ensure that every person living in the state is protected from unwarranted invasions of their privacy.
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