California. Human rights / constitutional. Constitutional provision

Cal. Const. Art. I §1California Constitution, Article I, Section 1 (inalienable right to privacy)

In force
Partly verifiedMedium confidence. Not re-verified against a primary source in this session (search budget exhausted); details from established knowledge.

§1Summary

Synopsis

Lists privacy among Californians' inalienable rights. Unlike the federal Fourth Amendment, it can be enforced against private businesses where there is a legally protected privacy interest, a reasonable expectation of privacy and a serious invasion.

Key themes
  • constitutional privacy right
  • private actors
  • informational privacy
Unique features

One of the few US constitutional privacy rights enforceable against private companies; several other states (e.g. Alaska, Florida, Montana, Washington) have explicit privacy clauses.

SaaS relevance

Underpins tort and class claims against tech companies for intrusive data practices in California.

§2Obligations

Extraterritorial
No
Breach notification
None
DPO
No
Cross-border transfers
None
Maximum penalty
Damages and injunctive relief via courts

§3Dates

Key dates
  • Adopted
  • In force
  • Privacy added by Proposition 11 (1972); Hill v. NCAA (1994) confirmed it binds private actors.

§4Text and authority

Text
Authority
California courts

§5Where it applies

Domestic law of
California

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Not re-verified against a primary source in this session (search budget exhausted); details from established knowledge.