Privacy

Almost every country recognises a right to privacy. What it covers, who it binds and how you enforce it differ completely.

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Three ways of protecting privacy

Legal systems reach privacy by very different routes. Some set it out in a dedicated constitutional or civil code provision, which allows a direct claim against anyone. Others recognise no general right to privacy at all and protect it indirectly, through confidence, harassment, trespass or data protection. A third group relies on judge-made doctrine built case by case, where the outcome turns on the balance struck between personal dignity and freedom of expression.

The decisive test: reasonable expectation

At dusk, a woman draws the curtains of her apartment, facing the lit windows across the street
The decisive question: could one reasonably expect not to be observed?

Whatever the technique, the question asked is nearly always the same: could the person reasonably expect not to be observed, recorded or exposed? A private room, a medical file, an encrypted conversation sit at the heart of the protection. A public statement, an official function, conduct carried out in plain view fall largely outside it. Everything in between is where the litigation happens, and the setting often matters more than the content itself.

Privacy and data protection are not the same thing

Data protection regulates how an organisation handles identifying information: lawful basis, notice, retention, access and erasure. Privacy is broader and operates between private individuals too — a neighbour, a former partner, an employer, a journalist. Where a regulator exists, the data protection route is usually faster because it is free and conducted in writing; but it rarely produces compensation, which almost always requires a court.

What actually works

Three habits travel well. Ask in writing first for what is held about you: the answer documents the case and fixes the facts. Preserve the evidence, with date and address, before requesting removal, because content disappears the moment it is challenged. And move quickly: urgent orders, which are the most effective remedy, require you to demonstrate urgency, which becomes impossible after months of informal exchanges.

The exception that appears everywhere

No system protects privacy absolutely. Everywhere, the legitimate interest in informing the public, public safety and the conduct of a defence can prevail. The closer information comes to a public role or a matter of genuine public debate, the weaker the protection — however embarrassing the material may be for the person concerned.

The law country by country

The legal framework, the procedure, the time limits and the costs differ from one country to another. Each country below has a detailed page: governing texts, key facts, the actual procedure, costs, where to go and the traps to avoid.

Select a country to open its detailed page.

European framework

European Union

Privacy is protected at three overlapping levels: Article 8 of the European Convention on Human Rights, Article 7 of the EU Charter, and secondary legislation on electronic communications.

Europe

Ireland

Privacy is an unenumerated constitutional right, backed by the GDPR and by one of Europe's busiest regulators.

United Kingdom

There is no general right to privacy — but the courts built one, case by case, out of breach of confidence.

Western Africa

Ghana

An early data protection statute — 2012 — and a constitutional guarantee of privacy of home and correspondence.

Nigeria

A constitutional privacy guarantee and, since 2023, a dedicated data protection statute with its own commission.

Eastern Africa

Kenya

A constitutional right, a 2019 statute modelled on the GDPR, and a regulator that actually imposes penalties.

Uganda

Privacy is constitutionally protected and a 2019 statute applies to both public and private bodies.

Zambia

A 2021 data protection statute, part of a cyber legislation package that has since been revised.

Southern Africa

South Africa

The Constitution protects privacy. When an organisation loses control of personal information, POPIA sets notification duties rather than a fixed universal deadline.

Southern Asia

India

Privacy became a fundamental right in 2017; the data protection statute that followed is being brought into force in stages.

Pakistan

The Constitution protects the dignity of the home and of the person; a general data protection statute is still awaited.

Eastern Asia

Hong Kong

One of Asia's oldest data protection ordinances, extended in 2021 to make doxxing a criminal offence.

South-eastern Asia

Malaysia

A data protection statute significantly strengthened in 2024 — but it still does not bind the government.

Philippines

A strong constitutional tradition, a 2012 data privacy statute, and a constitutional remedy — the writ of habeas data.

Singapore

A focused data protection statute with a Do Not Call registry — but no general privacy tort.

Northern America

Canada

A federal data protection statute, provincial regimes, and a tort of intrusion upon seclusion created by the courts in 2012.

United States

No general federal privacy statute — instead four common-law torts, a patchwork of state laws, and a Constitution that binds only the government.

Caribbean

Jamaica

Privacy entered the Constitution in 2011 and a full data protection statute followed in 2020.

Trinidad and Tobago

Privacy is constitutionally protected, but the data protection statute has only ever been partially brought into force.

Oceania

Australia

The Privacy Act, thirteen Australian Privacy Principles, and — new — a statutory tort for serious invasions of privacy.

New Zealand

A modern Privacy Act, a Commissioner with enforceable compliance notices, and two privacy torts created by the courts.

This topic is also covered for French-speaking countries · German-speaking countries.

Sources

  1. Guide sur l'article 8 de la Convention européenne des droits de l'homme - Droit au respect de la vie privée et familiale, du domicile et de la correspondance — European Court of Human Rights (ECtHR), 2026 (in French): the reasonable expectation of privacy is an important criterion; contribution to a debate of general interest may take precedence
  2. Le règlement général sur la protection des données - RGPD — French Data Protection Authority (CNIL), 2016 (in French): the GDPR governs the lawfulness of processing, the retention period and the rights of access and erasure

Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.

Content updated in . The instruments cited can change: if in doubt, confirm with the official source given.

Text written with the help of AI, under the editorial responsibility of CAPIT; human reviews are occasional (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.

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