Protection under state constitutions[edit]
State constitutions in at least 10 states (Alaska, Arizona, California, Florida, Hawaii, Illinois, Louisiana, Montana, South Carolina and Washington) grant individuals an explicit right to privacy. The privacy protections afforded by some of these states mirrors the Fourth Amendment of the U.S. Constitution but often add more specific references to privacy. Further, general constitutional provisions in other states have also been interpreted by courts to have established privacy rights of various types. Like the rights under the US constitution, the privacy rights under the state constitution also usually extend to protection from the actions of state governments, not private organizations.
In 1972, California amended Article I, Section 1 of its state constitution to include privacy protections.[8] A California appellate court then held that the state’s right of privacy applied to both public and private sector interests.[9] Further in Soroka v. Dayton Hudson Corp., the California Court of Appeals reaffirmed this view and held that an employer may not invade the privacy of its employees absent a "compelling interest".[10]
In August 2014, Missouri became the first state to provide explicit constitutional (art. I, § 15) protection from unreasonable searches and seizures for electronic communications or data, such as that found on cell phones and other electronic devices.[11]