Fiji Constitution section 24, the right to privacy

What it is

The Constitution of the Republic of Fiji came into force on 7 September 2013. Its Bill of Rights, in Chapter 2, includes section 24, the right to privacy.

Section 24(1) says every person has the right to personal privacy, which includes the right to confidentiality of their personal information, confidentiality of their communications, and respect for their private and family life. Section 24(2) says that, to the extent necessary, a law may limit, or authorise the limitation of, those rights.

Fiji has no general data protection statute and no data protection authority. That makes section 24 the main legal protection for personal information in Fiji, including information processed by AI systems.

Who it applies to

Section 24 protects every person in Fiji. The terms it uses, such as personal information, are not defined in the Constitution, and there is no statute that sets out in detail how organisations must collect, use, store or share personal information. Sector rules fill some of the space. Financial institutions supervised by the Reserve Bank of Fiji, for example, must meet the Reserve Bank’s cybersecurity requirements, and the Online Safety Act 2018 established the Online Safety Commission to deal with harmful electronic communication.

What it requires

Section 24 does not set out procedural duties such as notices, impact assessments or breach notification. What it sets is a standard. Personal information and communications are confidential, and any limit on that must be one a law makes or authorises to the extent necessary.

For an organisation using AI in Fiji, that turns into a few practical questions. Which AI systems handle personal information about people in Fiji, including staff and customers? Is the use one the people concerned would expect, or one a law authorises? Is personal information kept confidential when it is sent to an AI vendor, including one overseas? And could the organisation explain how a system uses personal information if a person or a court asked?

Answering them with the help of an international standard leaves an organisation ready when a data protection law arrives.

Key dates

• 7 September 2013. The Constitution, including section 24, came into force.
• 3 April 2025. The Government launched the National Digital Strategy 2025-2030, which commits to reviewing the data protection landscape and developing a data protection legal framework.
• October 2025. Cabinet’s endorsement of a National Privacy and Personal Data Protection Policy was reported on 11 October 2025, with the Prime Minister saying it lays the foundation for national privacy and personal data protection legislation.

How it relates to other frameworks

The National Digital Strategy 2025-2030 commits Fiji to robust data protection legislation and to a National AI Framework covering ethical use, data privacy, accountability and governance of AI. Until those exist, organisations can pair section 24 with ISO/IEC 42001 or the NIST AI RMF to structure their register and assessments, and with the OECD AI Principles as a values baseline.

A note on this page

This is Aicura’s reading of section 24 of the Constitution of Fiji. It is not legal advice and it is not the Constitution itself. Read the primary source published by the Fiji Law Reform Commission, and take advice on how it applies to your organisation.