Where in the Constitution is the right to privacy?

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The Constitution of the United States does not actually specify a "right to privacy." Most judicial decisions regarding privacy issues rely on analysis of the Fourth Amendment, which specifies:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall...

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The Constitution of the United States does not actually specify a "right to privacy." Most judicial decisions regarding privacy issues rely on analysis of the Fourth Amendment, which specifies:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause . . . describing the place to be searched, and the persons or things to be seized.

This language suggests that the government does not have the right to enter into citizens' houses or to search people without "probable cause". This language has been used in cases concerning government surveillance of private citizens as well as those concerning the rights of police to search people in specific circumstances.

One of the main issues in modern jurisprudence is the ways in which technology has evolved. For example, the Constitution obviously does not address whether data stored in the cloud, emails, or social media posts constitute "papers and effects," nor does it address how much theoretically anonymized metadata can be used to obtain personal data. As the Constitution predates data mining by more than two hundred years, it obviously could not address issues arising from it. One should also note that the Fourth Amendment only addresses privacy from government searches, not privacy rights as they pertain to one individual doing something like posting revenge porn on the internet, something that would fall under other areas of criminal or civil law.

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