There are several definitions and
descriptions of the word privacy that one may find. But for me, the best and
most simple way of defining and describing privacy is through the phrase “LEAVE
ME ALONE!” Privacy for me is “mind your own business!” “This is mine and mine
alone.” “I will let you if I want to.”
Privacy is one of the most fundamental rights
that a person has aside from life, liberty and property. But unfortunately, it
also one of the rights that is most abused and not respected. People invade other people’s privacy. Simple
act of going inside a bedroom that is not yours without consent is invading
his/her privacy. Reading the text messages of others is also invading privacy.
In short, invading privacy of others is an evolving problem which starts from
simple acts and growing to more intricate ways. It even grows together with the
advancement of our so called “technology”.
Even crimes progress along with society. Unethical acts are also modernized
together with time, such as hacking, spamming, phishing and identity theft.
In
our present time, where we call it the “modern age” or “computer age”,
technology is everywhere. We have computers, ipads, iphones, androids, etc.
Everything is easy access now a day. Information can be accessed in a single
click. Just a single click and
everything you want to know will just flash on your screen. Old and young
people alike are using the internet. Facebook, twitters, blogs, almost
everybody are using these social networking sites which they publicize their
private information and even what they do and where they are. Anybody can have
access to these and may see and know what one posts.
Technology
has gone far in affecting people’s lives in this information age. Internet,
nowadays, is fast becoming the alternative tool of fraudulent activities for
economic and financial gain. With these, how far has our Philippine government,
worked in combating the challenges of this age? Is it able to compete with its demand?[1]
We
also have surveillance cameras and CCTV cameras in all over the places which
monitors everything that we do. I have watched several foreign movies which
depicts the idea that several government agencies have access to all things in
the world. Generally, all things! They can access your phones. They may locate
you where you are at a certain time. Who you talked to and even can follow you
until the comfort room. Though these were just movies, still they are close to
reality and some are really happening in the real world. Now, DO WE STILL HAVE
PRIVACY AS INDIVIDUALS?
The
Philippine Constitution and other laws that were promulgated protect the
privacy of the people. These are also supplemented by some jurisprudence. The
Philippine Constitution states in Sec. 3, Art. III of the Bill of Rights that
“(1) The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety or order requires
otherwise as prescribed by law. (2) Any evidence obtained in violation of this
or proceeding section shall be inadmissible for any purpose in any proceeding.”
The Constitution protects the right of an individual to communication and
correspondence. Communication is not only limited to the old school type of
communication like telephones, mails and telegrams, but with the presence of
modern technology it should also apply to modern types of communications like
chatting, vibers, messengers, emails, facetime, skype and alike. Espoused with
these kinds of communications are the information of the owners of accounts,
such as, their names, addresses, contact numbers and alike. Somehow they are
the ones who publicize their personal information. Some are too careless to
expose their own identity down to its minute details. Then enters the people
who take advantage of these information with malicious intents.
In the case of Ople vs Torres, G.R. No. 127685. July
23, 1998, the Supreme Court stated:
“Indeed, if we extend our judicial gaze
we will find that the right of privacy is recognized and enshrined in several
provisions of our Constitution. It is
expressly recognized in Section 3(1) of the Bill of Rights:
"Sec. 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful order of the court, or
when public safety or order requires otherwise as prescribed by law."
Other facets of the right to privacy are protected in various
provisions of the Bill of Rights,
viz:
"Sec. 1. No person shall be deprived of life, liberty,
or property without due process of law, nor shall any person be denied the
equal protection of the laws.
Sec. 2. The right of the
people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall
be inviolable, and no search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he may produce,
and particularly describing the place to be searched and the persons or things
to be seized.
x x x.
Sec. 6. The liberty of abode
and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to
travel be impaired except in the interest of national security, public safety,
or public health, as may be provided by law.
x x x.
Sec. 8. The right of the
people, including those employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary to law shall not
be abridged.
Sec. 17. No person shall be
compelled to be a witness against himself."
Zones of privacy are likewise recognized and protected in our laws. The Civil Code provides that "[e]very person shall respect
the dignity, personality, privacy and peace of mind of his neighbors and other
persons" and punishes as actionable torts several acts by a person of
meddling and prying into the privacy of another. It also holds a public
officer or employee or any private individual liable for damages for any
violation of the rights and liberties of another person, and recognizes the
privacy of letters and other private communications. The Revised Penal Code makes a crime
the violation of secrets by an officer, the revelation of trade and
industrial secrets, and trespass to dwelling. Invasion of privacy is an
offense in special laws like
the Anti-Wiretapping Law, the Secrecy of Bank Deposit Act and the
Intellectual Property Code. The Rules of Court on privileged communication likewise recognize
the privacy of certain information.
x x x.
The right to privacy
is one of the most threatened rights of man living in a mass society. The threats emanate from various sources--
governments, journalists, employers, social scientists, etc. “
Indeed our highest court recognizes the fact that there is a right to
privacy and very much threatened in our civilized society.
As society progresses, the needs and application of
law also progresses. Several laws were enacted have as subject matter the
modern technology. One of the laws enacted by our legislatures is Republic Act
No. 10173 or otherwise known as “AN ACT PROTECTING INDIVIDUAL PERSONAL
INFORMATION IN INFORMATION AND COMMUNICATIONS SYSTEM IN THE GOVERNMENT AND THE
PRIVATE SECTOR, CREATING FOR THIS PURPOSE A NATIONAL PRIVACY COMMISSION, AND
FOR OTHER PURPOSES”. It is also known as the “ DATA PRIVACY ACT OF 2012”. This
law, signed by President
Benigno S. Aquino III on August 15, 2012, protects the integrity and
confidentiality of individual personal information in information and
communication systems in the government and the private sector. The new law
penalizes the unauthorized disclosure of personal information. It protects
journalists and publishers, as they will not be compelled to reveal the source
of a news report.
RA 10173 was patterned on standards set
by Directive 95/46/EC of the European Parliament and aligned with Asia Pacific
Economic Cooperation Information Privacy Framework that protect the integrity
of personal data. It provides for the creation of a National Privacy Commission
that will monitor and ensure compliance of the country with international
standards for data protection. The commission will implement the law, receive
complaints, issue cease-and-desist orders, compel entities to abide by its
orders and monitor compliance, and enforce policies that balance the right of
the private person to privacy.
The passage of RA 10173 is expected to
boost investment in the fast-growing information technology and business
process outsourcing (IT-BPO) industries. Hailing its enactment, the Business
Processing Association of the Philippines said the new law brings the
Philippines to international standards of privacy protection as much of IT-BPO
work involves confidential personal and company information of local and
foreign clients.
Excluded in the scope of RA 10173 are,
among others, personal information processed for journalistic, artistic,
literary or research purposes, information about government officials and other
civil servants, information necessary for banks and financial institutions as
part of anti-money laundering efforts, and personal data processed by central
monetary authorities and law enforcement and regulatory agencies.[2]
How does RA 10173 affect me personally
as a citizen? For me it is favorable because it tends to protect my privacy,
integrity and confidentiality when it comes to personal information in
information and communication systems. Though my personal data will be
processed by the government still there is a security that it will be used for
legal and lawful purposes. Despite all the news about our government as being
corrupt, still I trust the government in ensuring the security of every
citizen. I respect the true intent of the lawmakers in making laws that they
make the laws for the benefit and protection of the society and is people. I
will still entrust my personal data to the government if needed because I still
believe in our government. If we do not believe in our government, to whom
shall we believe in running this country? In the first place we are the ones
who voted our leaders. I know that as a citizen of this country, they intended
to protect my rights when they made this law. You may call me a hypocrite but
this is reality.
By this law I also feel secured from
future violations that may be happen which is covered by this law. We cannot
deny the fact that there are so many people who would take advantage when it
comes to the personal data of every individual. They would use these data in
one way or another to gain from other people in unlawful way. Many innocent
people were victimized by these people. There are people who would disclose
personal information or data of other people to others just for their personal
gain. People would give these data without the consent of the owner for
compensation. It is not impossible that I may be a victim of this kind of act.
With enactment of RA no. 10173, which penalizes the unlawful disclosure of the
personal information of others, I as a citizen will be secured and protected
from these people.
For economic purposes, this law would
encourage investors and businessmen to engage in business in our country
without fear that their information as well as their clients will be divulged
without their knowledge and consent. The law also protects these persons,
natural or juridical, from the unlawful disclosure of their information. This
would promote free trade in our country. When this happens, I would still
benefit from the economic boost of our country as a citizen. Our economy would
grow and would develop our trade internationally.
By virtue of necessity, as stated
earlier, privacy is one of the most threatened rights of people. This law is
one of the solutions of the government in protecting the abuses and evasion to
the privacy of its citizens. This is the shield of the people from those people
who would unlawfully evade their privacy, take their personal information or
data and disclose them to people without the consent and knowledge of the
owner, whatever his/her intent maybe. This law would be the volt of the
personal data of every citizen that they may keep these information from the
reach of others and keep it within the walls of their life and may only be
disclosed upon their.
As to its beneficiality, all the
citizens would benefit from the law. Not only the journalists, media, press,
businessmen, investors, etc., but all the citizens because each and every
citizen has his/her own personal life, privacy, and personal information or
data to protect, from the youngest person in the planet up to the oldest.
As to the practicability of the law, in
our modern times right now, where most individual is so vulnerable in the sense
that his personal can be accessed easily through the internet, and almost
everybody is using the internet, it is but practical that there should be a law
that would protect the people from these intruders.
Every life should be basically private.
It is only the works of man that some lives loose their sense of privacy. Just
like the public officials whose life is imbued with public interest. But still,
public figures as they are, there should be part of their lives that should be
treated with privacy. Everything has limitations. One should always respect the
privacy of others. Respect generates respect. If you want others to respect
your privacy, you should also respect others’ privacy. this is the Golden Rule
“DO UNTO OTHERS, WHAT YOU WANT OTHERS DO UNTO YOU.”
The personal identity and information of
an individual is part and parcel of his privacy. Thus, no one is allowed to
intrude to this sacred right. Sacred as it is, it should always be protected
and respected. The government should provide laws that would protect these
rights. Even though there are laws that protect the rights of the people, yet
still it is first and foremost the obligation of every individual to protect
his own rights. One should not be careless in the discharge of his own personal
information. Each should be responsible enough for his own security.
MAY GOD BLESS US ALL!
[1]
Katlyn Anne C. Aguilar, KEEPING ONE’S PERSONALITY AND HUMANITY IN THE
ELECTRONIC AND CYBER AGE, UST LAW REVIEW, VOL. LIV
[2] http://ph.news.yahoo.com/data-privacy-act-2012-102336873.html,
(last accessed December 5, 2012)
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