Amerikan Federal ve Eyalet Anayasalarında Özel Hayatın Gizliliği ve Mahremiyet Hükümleri

Amerikan Anayasasında mahremiyete illişkin hüküm var mıdır? Amerikan Federal Anayasasının ilk metninde doğrudan mahremiyet (privacy) kelimesi geçmemektedir.

Amerikan Anayasasının Dördüncü Değişikliği (The Fourth Amendment) özel bir hüküm getirerek makul olmayan aramaları ve el koymaları yasaklamakta ve arama emri verilmesi için şartlar belirlemektedir.

Yargı içtihatlarıyla mahremiyet hakkına ilişkin şekillenmiş ve güçlü bir normatif dayanak oluşturmuş Dördüncü Değişiklikteki hüküm şu şekildedir:

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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Peki, Amerikan eyalet anayasalarında mahremiyete ilişkin hükümler var mıdır? Farklı eyalet anayasalarında ise mahremiyete ilişkin hükümler yer almaktadır. Amerikan eyalet anayasalarıdna özel hayatın gizliliği ve mahremiyete ilişkin atıflar aşağıda yer almaktadır.

Alaska
Art. I § 22. Right of Privacy
The right of the people to privacy is recognized and shall not be infringed. The legislature shall implement this section.

Arizona
Art. II § 8. Right to privacy
No person shall be disturbed in his private affairs, or his home invaded, without authority of law.

California
Art. I § 1
All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

Florida
Art. I § 23. Right of privacy
Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.
Art. I § 12. Searches and seizures
The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. (No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution.)

Hawaii
Art. I § 6. Right to Privacy
The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest. The legislature shall take affirmative steps to implement this right.
Art. I § 7. Searches, Seizures and Invasion of Privacy
The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches, seizures and invasions of privacy shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized or the communications sought to be intercepted.

Illinois
Art. I § 6. Searches, Seizures, Privacy and Interceptions
The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized.

Louisiana
Art. I § 5. Right to Privacy
Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy. No warrant shall issue without probable cause supported by oath or affirmation, and particularly describing the place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search. Any person adversely affected by a search or seizure conducted in violation of this Section shall have standing to raise its illegality in the appropriate court.

Montana
Art. II § 10. Right of privacy
The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.

New Hampshire
Art. 2-b Right of Privacy
An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.

South Carolina
Art. I § 10. Searches and seizures; invasions of privacy
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, the person or thing to be seized, and the information to be obtained.

Washington
Art. I § 7. Invasion of Private Affairs or Home Prohibited
No person shall be disturbed in his private affairs, or his home invaded, without authority of law.