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The U.S. Supreme Court ruled that a right to privacy was explicit in the Bill of Rights, which prohibits various types of unreasonable government intrusion into personal freedom.1 Because this case specifically relates to government intrusion upon personal freedom, private employers are not covered by federal constitutional restrictions.
However, California is one of seven states that provides a constitutional right to privacy. Article 1, Section 1, of the California Constitution provides that: 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.
In White v. Davis, the California Supreme Court stated that this privacy provision is directed at the overly broad assemblage and retention of unnecessary personal information by government and business, the improper use of information obtained for a specific purpose and the lack of a reasonable check on the accuracy of existing records.2
1.Griswald v. Connecticut, 381 U.S. 479 (1965)
2.White v. Davis, 13 Cal. 3d 757 (1975)