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.