Privacy is a person’s legally protected interest in preventing government or other intrusion into their homes; their communications (phone, e-mail, in-person); their luggage; certain compartments of their motor vehicle (glovebox, trunk); their personally identifiable information (PII); their body (hair, clothing, unexposed body parts); their image and likeness (through unauthorized use); and other information, places, and property (real and personal) in which persons have a reasonable expectation of privacy.
People generally do not have a right to privacy from being photographed or heard (if done without use of surreptitious electronic or other surveillance technologies) in public places—essentially, when they step outside of their home. There are exceptions to this general rule in which persons do have a right to privacy—such as in a doctor’s exam room or when making a phone call in a phone booth.
The Fourth Amendment to the United States Constitution protects people against government intrusions into their privacy.
And state and federal laws (statutes and court opinions) generally protect persons from unauthorized use of their personal information and from intrusions into their privacy by nongovernmental persons or entities. These protected privacy interests are generally limited to areas in which persons have a reasonable expectation of privacy (home, health information, image and likeness, e-mail communications, etc.)—and these laws vary from state to state.
In California, privacy is a legally protected interest that encompasses a wide range of personal aspects. The Fourth Amendment of the U.S. Constitution provides a foundational layer of protection against unreasonable searches and seizures by the government, thereby safeguarding individuals' privacy in their homes, communications, personal effects, and other areas where there is a reasonable expectation of privacy. California law further reinforces these protections through various statutes and court decisions. For instance, the California Constitution explicitly recognizes the right to privacy as an inalienable right. The state has enacted laws such as the California Consumer Privacy Act (CCPA), which gives consumers more control over the personal information that businesses collect about them. Additionally, California's Invasion of Privacy Act prohibits eavesdropping or recording confidential communications without consent. While individuals generally do not have a right to privacy in public spaces, there are exceptions, such as in medical settings or when using a phone booth. California law also protects against the unauthorized use of a person's image and likeness, particularly through the 'right of publicity,' which prevents the unauthorized commercial use of an individual's persona. It's important to note that these laws are subject to specific conditions and exceptions, and the scope of privacy rights can vary based on the context and the nature of the information or space involved.