Article 38: Protection for privacy of home or other property
Chapter IV - Fundamental Rights and Freedoms of the Individual
1
Except with his own consent or by way of parental discipline, no person shall be subjected to the search of his person or his property or the entry by others on his premises.
2
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision -
a
that is reasonably required in the interest of defence, public safety, public order, public morality or decency, public health, town and country planning, the development and utilisation of mineral resources, or the development and utilisation of any property in such a manner as to promote the public benefit;
b
that is reasonably required for the purpose of promoting the rights or freedoms of other persons;
c
that authorises a department of the Government of Malta, or a local government authority, or a body corporate established by law for a public purpose, to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due, or in order to carry out work connected with any property or installation which is lawfully on those premises and which belongs to that Government, that authority, or that body corporate, as the case may be; or
d
that authorises, for the purpose of enforcing a judgement or order of a court, the search of any person or property by order of a court or the entry upon any premises by such order,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Notes
This article protects the privacy of the home and property and establishes exceptions to this protection.