A.M. No.

08-1-16-SC: Habeas data

The philosophical premise: Information

privacy

Safeguards the persons right to restrict

dissemination of personal information.
Essentially, the right to truth.
A concomitant of the right to privacy: the right
to prevent intrusion into thoughts and activities.
Phenomenon of a person during his lifetime
providing information about himself.
The possibility of collating such information
for various purposes, particularly through
computer technology.

History:

Brazil, 1988: Habeas data as a

constitutional right

Enables the person to know what information

the government has about him;
Enables a person to correct the data collected
by the State.

Paraguay, 1992:

Right to access to information about himself;

Right to know the purpose for which
information is used;
May move a judge to update, rectify or destroy
entries if illegitimately affecting his rights.

Our rule: Its natureits availability!

Available to whom?

To one whose right to privacy in life,

liberty or security is violated or
threatened by an unlawful act or omission
of an official or a private person or entity
Engaged in gathering or collecting
information.

Comment: The formulation right to privacy in life

is confounding. A plausible construal is one
whose right to life, liberty or security is threatened
through a violation of the right to privacy.

What benefit does it offer?

The victim or members of his family

can compel the respondents to
reveal such data or information
necessary to protect and guarantee
the right to life, liberty or security.
Can be availed of as an independent
remedy.
Remedies available: updating,
rectification, suppression or
destruction of database.

Where filed?

Primary venues: RTC

Recourse to SC, CA or Sandiganbayan:

when the action concerns public data files

of government offices. (Sec. 3)

Not as liberal as the Rule on the Writ of

Amparo.
Enforceable anywhere in the Philippines.
Note rule on Return. (Sec. 4)

What the Petition must aver:

Manner the right to privacy is violated or

threatened, and how it affects the right to
life, liberty or security.

Not all invasions of privacy will be remedied by

habeas data but only such as adversely affect
the rights to life, liberty and security.

Location of files, registers or databases,

government offices, persons in charge, in
possession or control
Reliefs prayed for.

Issuance of the writ:

A matter of course when warranted by

the petition on its face.

Principal effect: to direct the respondent to

file a Return.
Sets the date for summary hearing: not
later than 10 days.

Rules on substituted service applicable

Prevents use of the convenient evasion of

assigning military or police personnel on
secret missions.

The Return:

Lawful defenses: national security, state

secrets, privileged communication,
confidentiality of the source of
information of media and others.
Where respondent is in charge:

Disclosure of data

One of the most important effects of the writ

Steps taken to ensure confidentiality and

security
Currency and accuracy of information or
data.

Testing defenses -

Mere invocation of national security,

privilege, etc.: not sufficient

Respondents: duty-bound to divulge them

to the court.

In camera hearing when information alleged to

be of sensitive nature.

Presence of counsel, parties? Seems to be

implied by hearing.

When judge issues order compromising

national security: certiorari available.

Judgement

Within 10 days from time of submission for

decision;
Proof: substantial evidence
Court may:

Enjoin the act complained of

Order deletion, destruction or rectification of
the erroneous data or information
Other legal and equitable reliefs.

Appeal: to the SC, Rule 45, questions of

fact and law

5 working days.

Case:

Belens father, a permanent immigrant to

the US (a green-card holder), is facing
investigation for embezzlement. He comes
home to the Philippines and while he is
here, the DFA receives from the US State
Department a petition for his extradition.
Attached to the petition are the necessary
documents citing the grounds for
prosecution. Belen and her father together
file a petition for a Writ of Habeas Data to
compel the DFA to furnish them with a copy
of the documents sent by the US. How do
you act?