The right to privacy is enshrined in section 14 of the Constitution. This right includes the right not to have:

(a) your person or home searched; 
(b) your property searched; 
(c) your possessions seized; or 
(d) the privacy of your communications infringed.

In essence, a person’s right to privacy entails that such a person should exercise control over his or her personal information and should be able to conduct his or her own personal affairs relatively free from unwanted intrusions. There is no uniform definition for the right to privacy but it has been suggested that this right should be afforded to all information in respect whereof a person expresses a desire that the information concerned should be deemed to be private. It is important to note that this right can be claimed by both natural persons and legal persons, but the level of protection will differ according to the nature of the situation.

The right to privacy is not absolute and may be limited by another person’s fundamental rights, such as the right to information, or in terms of other laws that are enacted in South Africa, or based on public interest. Therefore, when a search warrant has lawfully been issued pursuant to a criminal investigation, the person concerned cannot rely on this right to prevent the authorities from searching his or her person or home.