• If the individual’s interest in an activity or decision is fundamental, the state must show a compelling public interest before the private interest can be overcome. If the individual’s interest is acknowledged to be less than fundamental or is disputed, then a court must apply a balancing test. Hill v. NCAA, 865 P.2d 633, 653, 654 (Cal. 1994).
autonomy privacy
An individual’s right to control his or her personal activities or intimate personal decisions without outside interference, observation, or intrusion.
