CIPP/US Study Guide
Chapter 1: Introduction to Privacy

Historical and Social Origins of Privacy

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Privacy roots run from classical Greece and the Bible to England's 1361 Justices of the Peace Act. The U.S. Constitution protects privacy without naming it, while the California Constitution expressly guarantees privacy (1974).

Legal protection of privacy stretches back to England's Justices of the Peace Act of 1361 (against 'peeping Toms' and eavesdroppers) and Lord Camden's 1765 ruling protecting the home from warrantless searches.

The U.S. Constitution (ratified 1789) never uses the word 'privacy,' but several provisions relate to it: the Third Amendment (quartering of soldiers), the Fourth Amendment (search warrants), the Fifth Amendment (self-incrimination), and the Fourteenth Amendment (due process, including bodily autonomy).

Constitution vs. California Constitution

The U.S. Constitution does not contain the word 'privacy' - protection is inferred from specific amendments. By contrast, the California Constitution expressly guarantees a right to privacy, added by ballot measure in November 1974.

  • 1948: UN Universal Declaration of Human Rights - no arbitrary interference with privacy, family, home, or correspondence
  • 1950: European Convention on Human Rights, Article 8 - right to respect for private and family life, home, and correspondence

Key terms - quick answers

What is “Justices of the Peace Act (1361)”?
An English statute providing for the arrest of 'peeping Toms' and eavesdroppers, an early legal protection of privacy.
What is “California Constitution privacy right”?
An explicit constitutional right to privacy added by California voters via ballot measure in November 1974 (Article 1, Section 1).
What is “Universal Declaration of Human Rights (1948)”?
UN declaration stating no one shall be subjected to arbitrary interference with privacy, family, home, or correspondence.
What is “European Convention on Human Rights (1950)”?
Council of Europe convention whose Article 8 guarantees respect for private and family life, home, and correspondence.

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