Privacy Law Library

Right of privacy, California Constitution

Cal. Const. art. I, sec. 1

Other

Lists privacy among Californians' inalienable rights. The privacy language was added by voters in 1972 (Proposition 11), and the current wording of Section 1 dates to 1974 (Proposition 7). Courts have held it can be enforced against private entities as well as the state, which is why it appears in privacy suits against businesses.

Where
California
Citation
Cal. Const. art. I, sec. 1
Status
In force
In force since
1972-11-07
Last amended
1974-11-05
Enforced by
Courts (private suits)
People can sue
Yes
Penalties
Injunctive relief and, depending on the claim, damages through related privacy torts; no statutory penalty.
Applies to
  • Government actors and, under California Supreme Court precedent, private parties

Rights it gives people

  • All people have an inalienable right to pursue and obtain privacy.Cal. Const. art. I, sec. 1

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Adoption of the privacy language by Proposition 11 on Nov. 7, 1972 and application to private parties (Hill v. NCAA, 7 Cal.4th 1 (1994)) are from background knowledge; leginfo shows only 'Sec. 1 added Nov. 5, 1974, by Proposition 7'.

Research reference, not legal advice.