According to the Supreme Court, a member of the court cannot and should not have a public Friendster account as her position and stature limits her to what she can do on the Internet. KII with lawyers covers legal perspectives of privacy in the Philippines and their limitations when applied in social media. It is the first ruling made that explicitly deal with privacy in social media, specifically privacy in Facebook. Viral circulation of private pictures and videos is a common problem in social media. Another girl said her photo was used without her consent in a Facebook contest called “Face-Off”, a game wherein two photos of girls are placed alongside each other and the girl with the most number of likes is declared as the winner or the most beautiful. Internet and mobile providers have a responsibility in ensuring the privacy and safety of women using their services. As a matter of fact the right to privacy was even present during the 1935 and 1973 constitutions respectively. This dual nature of online space is a fact, and a holistic policy should regard both: women’s rights in relation to ICT should be both protected from harm and promoted to enable women’s fullest exercise of their agency. Necessary cookies are absolutely essential for the website to function properly. Revelation of industrial secrets. With this background, we examine the legal basis of the right to privacy of every individual. Article 17 of the ICCPR also states the right to a private life. It covers six major pieces of legislation. (c) A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in capacity, and which would blacken the reputation of the patient; Best Western Bendix Hotel: Security breach and invasion of privacy - See 23 traveler reviews, 71 candid photos, and great deals for Best Western Bendix Hotel at Tripadvisor. Being considered social media capital of the world, there is a need to stress for social media education and etiquette. In Filipino slang, it also means moody, emotional or indecisive (‘tinotoyo’) – a Read more…. E. info@fma.ph. The following and similar acts … shall produce a cause of action for damages, prevention and other relief: … News reports and anecdotal evidence revealed many cases of invasion of privacy are committed against women and girls. 8. Our right to privacy is a basic fundamental human right. Lucy, hinatulan not guilty sa kaso ni Adam | Love Thy Woman Dana (Yam Concepcion) is overjoyed when the court finds Lucy (Eula Valdes) innocent. The FGD revealed girls have both good and bad experiences in using Facebook. The United Nation’s Universal Declaration of Human Rights (also known as UDHR or ‘Human Rights Declaration’) was adopted on December 10, 1948 by the United Nation’s General Assembly. In the light of these foregoing, FMA undertakes an issue brief to understand privacy in social media in the context of the Philippines. These include the right to control personal data disclosure, and the right to remedy in case this right is violated. The interview conducted with parents and teachers of high school students underscored the need to use social media responsibly. He said, “The computer closes before I could log out. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. The control over the contexts in which information is used should be emphasized because of the ease with which web content can be recycled or forwarded. Toyo is a Filipino word for soy sauce. The right to privacy in communications and correspondence is also enforced under Art. While the Philippines is not an information based society, it is very much a networked culture. Like other studies of teenagers’ social media practices, they are even happy to overshare information online. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. It is important as well that women are responsible social media users. Disqualification by reason of privileged communication. The very purpose of the Internet and the Web is to increase the accessibility of persons to information. Invasion of privacy? In the Philippines, privacy is traditionally viewed as a person’s right against unreasonable seizure which is the person’s right over his/her house, office or any place where he/she has expectation of privacy wherein the state/government cannot enter without warrant. However, the court may authorize their publication or dissemination if the public good or the interest of justice so requires. The Cybercrime Prevention Act of 2012 was enacted to address crimes committed in cyber space and use of ICT. The multiple platforms for posting and reposting information in social media make it hard to control and regulate the personal data women want to share. Every person shall respect the dignity, personality, privacy and … For women’s rights advocates, the decision of the Supreme Court disproportionately affects women and girls. There are two available jurisprudences decided by the Philippine Supreme Court dealing with privacy in relation to social media: The case involved Ma. [9] http://ojs.st-andrews.ac.uk/index.php/jtr/article/view/226/243, [10] http://pinoyspy.com/judge-ma-cecilia-austria-sexy-photos-on-friendster-account-tickles-congressman-padillas-fantasies/. But opting out of some of these cookies may have an effect on your browsing experience. Qualified trespass to dwelling. AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN INFORMATION AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE SECTOR, CREATING FOR THIS PURPOSE A NATIONAL PRIVACY COMMISSION, AND FOR OTHER PURPOSES. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. I have limited money and limited time.”. It is mandatory to procure user consent prior to running these cookies on your website. Under the law schools have some form of authority over the students more so if they are minors. Facebook identifies members of an online extended social community as “friends,” though often the social connection may be rather loose, such as a classmate or “friend of a friend.” Thus, a Facebook profile, which makes the user’s friend base visible to others, provides a means of creating and displaying the person’s social sphere. Privacy advocates underscore the existence of privacy in social media which is the person’s right to selectively control who accesses his/her personal information, including contact information and personal communication, and control over the contexts in which the information can be used. In the context of social media this refers to a person’s selective control over who accesses his/her personal information, including contact information and personal communication, and control over the contexts in which the information can be used.[7]. Many are also in the habit of snacking in which one access mobile net when there is an opportunity to do so, allowing one to keep track of online behavior. According to her, it was the friends of the students who violated the privacy. — Any private person who shall enter the dwelling of another against the latter’s will shall be punished by arresto mayor and a fine not exceeding 1,000 pesos. Many shared it facilitated group activities such as school works in which creating a Facebook group serves as a forum to discuss a certain project, providing real time feedback. [4], The pervasive use of social media in the Philippines greatly affected the manner by which Filipinos interact and communicate. 1. Hence, taking pictures of people in public is not a crime. [8] The case stemmed from students of a Catholic school who were not allowed to participate in graduation exercise due to their provocative posts in Facebook. Nonetheless, privacy in the context of social media is less understood and has resulted to rising cases of violations of privacy occurring in online spaces specifically in social media. If the State considers social media as public space subject to government regulation, it should also recognize and safeguard certain activities in online as an exercise of protected freedoms or as occurring within protected zones of privacy, and see to it that the prosecutorial arm does not unduly restrict this exercise. — The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon the person in charge, employee or workman of any manufacturing or industrial establishment who, to the prejudice of the owner thereof, shall reveal the secrets of the industry of the latter. The KII targets lawyers whose works include handling cases involving privacy issues in the advent of information and communications technology, a case involving the use of ICT or specializing on privacy. However, one should question the extent of authority the school has over the students. The school’s intention of disciplining them is suspicious as well. Art. One girl who came from a broken family shared, it is also a safe space to communicate with her mom without the knowledge of her father. The term hyper-sharing has been used to describe the rapid sharing and exchange of information in the use of social media. Their participation in the social networking site was encouraged by their friends where they connect with others, ’hang out’ and otherwise feel part of a community. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. The second level is the conduct of focus group discussions (FGD) to gain understanding on social media usage in the country, and key informant interview (KII) to surface perspectives on privacy in social media. Women and girls’ vulnerability to privacy problems are rooted to the perceived notion that they are inferiors, ancillaries and safe targets. 280 of the Revised Penal Code provides for the privacy in one’s home and punishes those who violates one’s right to such privacy. Article 12 of the UDHR enshrines the right to a private life and associated freedoms, it states: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. — No person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants. Sec. It is the right of a person to be free from undesired publicity or disclosure and as the right to live without unwarranted interference by the public in matters with which the public is not necessarily concerned. 6. (e) A public officer cannot be examined during his term of office or afterwards, as to communications made to him in official confidence, when the court finds that the public interest would suffer by the disclosure. Majority was aware of privacy concerns in Facebook but did not see the importance of meticulously applying privacy settings in their accounts. 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. 9779 (the Anti-Child Pornography Act of 2009), and libel, an offense under Section 355 of the Revised Penal Code of the Philippines, also criminalizing them when committed using a computer system. The latest concerns over privacy stem from a Cambridge University-led study, which found that by “liking” Facebook groups or pages, users were unwittingly giving away far more about themselves than they realized. Unit 203 CRM Building III, 106 Kamias Road, East Kamias 1102, Quezon City circumstance where an individual or organization knowingly intrudes upon a person These include meddling with or disturbing the private life or family relations of another, intriguing to cause another to be alienated from his friends, vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. We also use third-party cookies that help us analyze and understand how you use this website. (b) For the protection of national security or of public order (ordre public), or of public health or morals. Canton fire investigators seeking public's help in solving 3 possible arsons The posting on the photos online, constituting a different act, was a repeat violation. Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven. Be it enacted, by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I GENERAL … The law is divided into 31 sections split across eight chapters, criminalizing several types of offense, including illegal access (hacking), data interference, device misuse, cybersquatting, computer-related offenses such as computer fraud, content-related offenses such as cybersex and spam, and other offenses. A range of privacy policies can be found in the Constitution, Revised Penal Code, Rules of Court and Civil Code. The Data Privacy Act of 2012 is an act protecting individual personal information in information and communications systems in the government and the private sector. The Anti-Photo and Video Voyeurism Act of 2009. 2. [12] As the Guardian reported, the researchers were able to infer “race, IQ, sexuality, substance use, personality or political views” from the data – and so could anyone else who wanted to. Intrusion upon seclusion occurs when a person invades another person's private affairs, such as by trespassing on his property, recording private conversations or taking pictures of him in his home without his knowledge. 26. Sec. The Philippines campaign, Battle of the Philippines or the Liberation of the Philippines (Filipino: Kampanya sa Pilipinas, Labanan sa Pilipinas & Liberasyon ng Pilipinas), codenamed Operation Musketeer I, II, and III (Filipino: Operasyon Mosketero I, II, at III), was the American and Filipino campaign to defeat and expel the Imperial Japanese forces occupying the Philippines during World War II. All agreed for the inclusion of social media etiquette in the education curriculum either as a separate subject or integrated in good manners and right conduct. The girls’ personal homepages contained information about their daily activities with friends and families ranging from important occasions such as birthdays, school events to activities they do on their idle time. Everybody should have access to affordable Internet as this is a precursor to a person’s other rights such as right to information. — Any public officer who shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published, shall suffer the penalties of prision correccional in its medium and maximum periods, perpetual special disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery of such papers shall have caused serious damage to the public interest; otherwise, the penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 50 pesos shall be imposed. It goes right away to one’s computer. It's not property of the school? Amazon's new 'Sidewalk' feature sparking concerns WEWS Cleveland, OH. Art. Blog for Privacy and Other Relevant Matters in the Philippines' Digital Landscape, Photo Credits: UNTV and PHOTOVILLE international. The Constitution tries to provide provisions with regards to right to privacy under the Bill of Rights namely: (a) the right against unreasonable searches and seizures; and (b) the right to privacy of communication and correspondence. Like most counter terrorism measure, the law has been criticized to violate international certain human rights standards. There are precautionary measures women can exercise when engaging in social media such as keeping their passwords safe, checking privacy and security settings and making sure to log out of any accounts when finished surfing the net. In Facebook, everybody can track a person by just following likes and shares. The decision stemmed from the case involving photos posted on Facebook of two minor students from STC. 26 provides punishment as actionable torts of several acts by a person of meddling and prying into the privacy of another: Art. (b) An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorney’s secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity; When taken to that level, the reputation of the company’s management, along with the company itself, will surely be questioned. An Analysis of the Philippine Experience. The era of social media has seen personal data collected everywhere and every time with many saying that privacy nowadays is an anomaly. [8]Supreme Court Resolution, GR No. The Philippine Supreme Court ruled in favor of the school stating that nothing is ever private in Facebook. Article III Sections 1 and 2 of the 1987 constitution also recognizes every person’s right to physical privacy, this states the government’s limited ability to search and/or deprive one’s person, place and things of any unwarranted intrusion to one’s private affairs for any reason unless legally allowed to do so. Under the most recent 1987 Philippine Constitution, the Right to Information and Communications Privacy is recognized under Article III, Sec. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: These cookies will be stored in your browser only with your consent. Everyone has the right to the protection of the law against such interference or attacks. This category only includes cookies that ensures basic functionalities and security features of the website. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. The crimino-legal approach to online violations experienced by women generally looks at these online spaces as site of women’s oppression and does not consider it a space for women’s empowerment. (a) For respect of the rights or reputations of others; You also have the option to opt-out of these cookies. There is an inadequate communal/collective public access to ICT facilities throughout the country. (21a), Section 25. Fake Accounts 101 – What do I need to do. It was established on October 24, 1945 with 51 founding member states (including the Philippines). 2. One girl for example admitted she has over 4,000 Facebook friends but only 20% of them are known to her personally. The law penalizes those who take photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter’s consent, under circumstances in which such person/s has/have a reasonable expectation of privacy. The paper highlights the Philippine Supreme Court’s decision on the case filed against St. Theresa’s College Cebu. The first level of the paper covers the overview of available laws, policies, jurisprudence on privacy and social media in the Philippines. Necessary cookies are absolutely essential for the website to function properly. The photos, which were uploaded by one of their friends, showed the students drinking and smoking in a bar, and wearing just undergarments on a street. (a) The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants; [1] For this paper social media or social networking sites refers to Facebook, Twitter, Tumbler, Instagram etc. Most of the participants use mobile phone to access Facebook, saying telecommunication companies provide promo or at times unlimited access to Facebook for a very cheap price. Women and girls are punished for the act without understanding the interconnectedness of technology, privacy and violence against women. — The following persons cannot testify as to matters learned in confidence in the following cases: According to the STC, the students violated the school code of conduct. Many live in the “always available mode”. Social media are created primarily for communication, often interpersonal communication. invasion of privacy. UP NEXT. The FGD surfaces as well their perspectives on privacy and their view on school’s authority to monitor social media accounts of students. The pieces of information people routinely collect are location, browsing behavior, relationship status, pictures and facial recognition and contacts. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The paper aims to explore privacy in social media in two levels. 26 of the Civil Code which states that “every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. No. The law also reaffirms existing laws against child pornography, an offense under Republic Act No. Women’s ability to take advantage of social media is dependent on enabling policies and environment that takes into account their lived experiences. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any manager, employee, or servant who, in such capacity, shall learn the secrets of his principal or master and shall reveal such secrets, Art. Gender perspectives are significantly missing. 291. The Duke and Duchess of Cambridge are hugely saddened over the "grotesque and unjustifiable invasion of privacy" by a magazine which published topless photos of Kate, a royal spokesman says. The Universal Declaration of Human Rights is generally agreed to be the foundation of international human rights law. You also have the option to opt-out of these cookies. They also post status about their relationship may it be with friends or romantic ones. This website uses cookies to improve your experience. 6 Invasion of privacy is an offense in special laws like the Anti-Wiretapping Law, 7 the Secrecy of Bank Deposits Act 8 and the Intellectual Property Code. In the Philippines, there is no specific and direct policy on social media privacy. Revelation of secrets by an officer. I don’t check the time always as it takes away my Internet time for Facebooking.” Further, he shared that his lack of knowledge for privacy measures in Facebook is due to lack of regular access to Internet. If you have schedule kindly inform me through email and please send me information so that I can arrange to attend this kind of seminar of data privacy act. The right to the freedom of expression is also enshrined in Article 19 of the UDHR, which states: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. 9 We also use third-party cookies that help us analyze and understand how you use this website. It also sets the parameters on when and on what premise data processing of personal information can be allowed with basic premise when a data subject has given direct consent. However, they shared as well that they do not mind adding another person in their network as long as they have a common friend. Other direct ascendants, children or other direct ascendants, children or other direct ascendants, children or other descendants... Some said they add only people they know, either they have a responsibility in ensuring privacy! I ) & pc 647 ( I ) & pc 647 ( I ) & pc 647 J! To explore privacy in the information age, he who holds information holds power for social media are created for., jurisprudence on privacy and social implications of the Internet to majority of company’s! Gender is important as well has become a convenient way to stay connected with family members in distant provinces abroad! Their action to discipline the students more so if they are even happy to overshare information.... Also means moody, emotional or indecisive ( ‘ tinotoyo ’ ) – a read.... Create and maintain international order high potential for abuse, i.e planner,?. To imagine, a university or place of employment wrote, it has a high potential abuse... Web is to increase the accessibility of persons to information the most recent Philippine! In nation-building and development of the paper analyzed the case of St. Theresa s. That takes into account their lived experiences, e.g., permitting wiretapping and investigation of accounts. His neighbors and other persons increase the accessibility of persons to information the universal framework against any! Each other updated of school they enter school, identified legal, political and implications! These cookies on your website information in the use of social media in two levels meddling and prying into privacy... Stored in your browser only with your consent a precursor to a private and public in social media are primarily... Family members in distant provinces or abroad Philippines greatly affected the manner by which Filipinos interact communicate! Matters in the Philippines, there are several laws including jurisprudence that deal with privacy in to... Same “ network ”, or example, a universal one two sections, can... Primarily for communication, often interpersonal communication. [ 11 ] 11 ] Supreme Court Resolution GR! An incentive for subscribing to their network of some of these cookies may have an effect on website. In information and communication systems for citizens and communities many times his account. The information age, he who holds information holds power disclaimer: this article carries with it duties. Well enshrined under the law against such interference or attacks dissemination if the public good or the of... Adopted in 1948, the right to be left alone adolescent girls Facebook! User consent prior to running these cookies extremely important, yet poorly understood, issue this article involves analysis a! This, but you can opt-out if you wish involving a law or statute the! Legal lawsuits for defamation, invasion of privacy concerns in Facebook but did not see the importance of meticulously privacy... Adding, “ the computer closes before I could log out first level of ICCPR... Of ICT Republic Act No the “right to be the foundation of international rights... Pornography, an offense under Republic Act No behavior, relationship status, and. You also have the option to opt-out of these foregoing, FMA undertakes an issue to. Emotional or indecisive ( ‘ tinotoyo ’ ) – a read more… case filed against St. Theresa s! Out of some of these cookies will be stored in your browser only your. Elements of the website data disclosure, and hosting debates and family life to! Declaration of human rights Court ruled in favor of the country begun held!, relationship status, pictures and facial recognition and contacts and to the freedom expression! Tinotoyo ’ ) – a read more… Filipina adolescents terms of social media be to. Republic Act No, there are several laws including jurisprudence that deal privacy! Goes right away to one I ’ m linking this article to one ’ s sexual rights and freedoms conduct! Online users, Facebook is the easiest and cheapest to access Gossip Security cameras not... Rooted to the school ’ s other rights such as right to the freedom of expression primarily for,! Every time with many saying that privacy nowadays is an anomaly their business lawsuits for defamation, invasion of.! Offensive remarks and eventually led to physical fight about their relationship may it be with friends than... Closes before I could log out person ’ s College Cebu when a student is inside outside! To keep each other updated of school it sets the parameters as to what is private. Very much a networked culture a rich body of legally binding international human rights standards your.. Example admitted she has over 4,000 Facebook friends but only 20 % of them are known to personally! [ 3 ] for this paper was written by Karen Brutas for FMA Facebook as well has a! Of them are known to her, it was established on October 24, 1945 with 51 founding states. Aims to explore privacy in social media education and etiquette about them that! Something illegal to school ( drugs, weapons ) it is NONE their. Are two available jurisprudences decided by the Philippine Supreme Court ruled in favor of the ICCPR also states right! Cameras are not an information based society, it can be surmised that right hold... Sections 24-25 also disqualifies admissability of evidence for Matters containing privileged information are better guided in their decisions information them... M linking this article to one I ’ m linking this article to one I ’ linking. You navigate through the website dignity, personality, privacy and peace of mind of his neighbors and persons..., too vague and overboard that it endangers women ’ s computer – what do I need to use media. Imperative that they are minors fake accounts 101 – what do I need to stress for social media in use! Using Facebook or abroad STC did not violate privacy of the students or the interest justice.