California’s Constitutional right to privacy

Golden Data Law
Golden Data
Published in
15 min readOct 15, 2020

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Advertisement about sailing to California, circa 1850

“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”

Cal. Const. Art. I, § 1.

California’s Constitutional right to privacy

In California privacy is an inalienable[1] right (i.e. it can’t be “sold”) recognized under Article I section 1 of the California Constitution.

California’s right to privacy is wider than it’s federal counterpart in that it protects individuals not only against violations by state and federal government entities, but also against violations by other individuals and private companies[2]. It is also self-executing, hence it confers a judicial right of action on all Californians[3].

The California right to privacy was enacted by ballot measure in November 1972.

Just like Proposition 24, as an initiative, the California Constitutional Right to privacy is to be interpreted and applied in a manner consistent with the intent of the voters[4].

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Golden Data Law
Golden Data

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