RIGHT TO PRIVACY

 

     Section 6.  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. [Add Const Con 1978 and election Nov 7, 1978]

 

Law Journals and Reviews

 

  State v. Kam:  The Constitutional Status of Obscenity in Hawaii.  11 UH L. Rev. 253.

  State v. Rothman:  Expanding the Individual's Right to Privacy Under the Hawaii Constitution.  13 UH L. Rev. 619.

  Employee Rights Under Judicial Scrutiny:  Prevalent Policy Discourse and the Hawai‘i Supreme Court.  14 UH L. Rev. 189.

  The Lum Court and the First Amendment.  14 UH L. Rev. 395.

  For Better or for Worse, in Sickness and in Health, Until Death Do Us Part:  A Look at Same Sex Marriage in Hawaii.  16 UH L. Rev. 447.

  Vernonia Sch. Dist. v. Acton:  Now Children Must Shed Their Constitutional Rights at the Schoolhouse Gate.  18 UH L. Rev. 869.

  Should The Right To Die Be Protected?  Physician Assisted Suicide And Its Potential Effect On Hawai‘i.  19 UH L. Rev. 783.

  When Children Prey on Children:  A Look at Hawai‘i's Version of Megan's Law and its Application to Juvenile Sex Offenders.  20 UH L. Rev. 477.

  Privacy Outside of the Penumbra:  A Discussion of Hawai‘i's Right to Privacy After State v. Mallan.  21 UH L. Rev. 273.

  Emergency Contraception in Religious Hospitals:  The Struggle Between Religious Freedom and Personal Autonomy.  27 UH L. Rev. 65.

  Your Body, Your Choice:  How Mandatory Advance Health-Care Directives Are Necessary to Protect Your Fundamental Right to Accept or Refuse Medical Treatment.  27 UH L. Rev. 201.

  Don't Smile, Your Image Has Just Been Recorded on a Camera-Phone:  The Need For Privacy in the Public Sphere.  27 UH L. Rev. 377.

 

Case Notes

 

  Parents' right to give their child any name they wish.  466 F. Supp. 714.

  Right of privacy does not encompass sex for a fee in a private apartment.  66 H. 616, 671 P.2d 1351.

  Public officials' expectation of financial privacy qualified by constitution's code of ethics.  68 H. 140, 706 P.2d 814.

  A person has a right to read or view pornographic material in the privacy of one's own home, along with this right is the right to purchase such materials for personal use; section affords much greater privacy right than federal right to privacy; State must show a compelling state interest to infringe upon the right of privacy.  69 H. 483, 748 P.2d 372.

  A person using a private telephone line has a reasonable expectation of privacy; pen register warrant required the signature of a circuit court judge.  70 H. 546, 779 P.2d 1.

  Not violated by police drug testing program.  71 H. 568, 799 P.2d 953.

  There is no fundamental right to marriage for same-sex couples under this section.  74 H. 530, 852 P.2d 44.

  Information that must be disclosed pursuant to §92F-14(b)(4)(B) regarding a public employee's employment-related misconduct and resulting discipline not "highly personal and intimate information" and thus not within scope of Hawaii's constitutional right to privacy.  83 H. 378, 927 P.2d 386.

  Purported right to possess and use marijuana not a fundamental right; where defendant failed to prove §712-1249 lacked any rational basis, section constitutional.  86 H. 440, 950 P.2d 178.

  Right to privacy in this section does not encompass right to possess and use marijuana for recreational purposes.  86 H. 440, 950 P.2d 178.

  The right to privacy under this section does not encompass the right to view adult material in an enclosed booth within a commercial establishment.  107 H. 314, 113 P.3d 190.

  Chapter 584 did not implicate father's fundamental privacy right to procreational autonomy, but rather father's economic interest in not supporting his child, and although father had standing to raise an equal protection challenge to chapter 584, that standing was based on a non-suspect classification, i.e., the biological relationship of fathers to their children; thus, because chapter 584 bears a rational relation to the public welfare, the statute survives rational basis review and father's privacy and equal protection arguments failed.  109 H. 240, 125 P.3d 461.

  Not violated by firefighters drug testing program.  8 H. App. 571, 816 P.2d 306.

  Section 711-1102 does not violate the right to privacy under this section as it is not a "sweeping infringement on the freedom of movement and privacy"; to prevent the substantial harm or serious inconvenience, annoyance or alarm to the public, it is reasonably necessary for law enforcement to order those participating in the disorderly conduct and those in the immediate vicinity to disperse until the disorderly conduct comes to an end.  101 H. 153 (App.), 64 P.3d 282.