Personhood and the Right to Privacy in Texas

William J. Chriss, University of Texas

Abstract

This study analyzes the right to privacy and personhood, as it exists under the civil laws of the state of Texas, both constitutional and common law. The essay proceeds historically and jurisprudentially and concludes that there are constitutional and common law rights of privacy and personhood of fundamental importance under Texas law, and that these rights are conceived within a dual philosophical framework of personal autonomy and freedom from disclosure. However, Texas courts are less vigilant in protecting personal autonomy than in protecting disclosural privacy, particularly respecting business records, and they are less active in vindication of privacy interests than forty years ago. Privacy’s affirmative and defensive uses in litigation contexts are discussed with a view towards identifying causes of action and issues for jury submission, since no Pattern Jury Charge for such claims currently exists.