What is the scope and application of the state constitutional right of privacy?

California, United States of America


The following excerpt is from American Academy of Pediatrics v. Lungren, 16 Cal.4th 307, 66 Cal.Rptr.2d 210, 940 P.2d 797 (Cal. 1997):

Finally, and most significantly, not only is the state constitutional right of privacy embodied in explicit constitutional language not present in the federal Constitution, but past California cases establish that, in many contexts, the scope and application of the state constitutional right of privacy is broader and more protective of privacy than the federal constitutional right of privacy as interpreted by the federal courts. (Compare Hill v. National Collegiate Athletic Assn., supra, 7 Cal.4th 1, 15-20, 26 Cal.Rptr.2d 834,

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