SECTION 3 - Privacy of Communication & Correspondence Flashcards
Sec. 3 (1). The privacy of communication and correspondence shall be inviolable except upon __________________, or when ___________________ otherwise as prescribed by law.
lawful order of the court;
public safety or order requires
Sec. 3 (2) Any evidence obtained in violation of this or the preceding section shall be ________________ for any purpose in any proceeding.
inadmissible
● Right to Privacy
a. Right to be _______________
b. To be free from _________________, or disclosure of their communication and correspondence.
c. Right to __________________________ in matter with which the public is not necessarily concerned.
a. left alone;
b. undesired publicity;
c. live without unwarranted interference by the public
● Natural Right; Right to _______________
liberty
Basis and purpose of the Right
- Right existing in the state of nature
- ______________ right
- Right to live _____________________ under the law, ___________________ in the pursuit of one’s choice
Natural;
as one chooses; free from interference
Basis and purpose of the Right
- Right designed to secure enjoyment of one’s
private life
- Without the right, one __________________ live in peace and with self respect and be truly happy
cannot possibly
Basis and purpose of the Right
- Right existing in the state of nature
- Right designed to secure enjoyment of one’s
private life
Limitations on the Right of Privacy of Communications
- Permissible interference by the state
a. Upon ______________ of the court (warrant); or
b. When_____________________ requires otherwise as prescribed by law (police power. No warrant required but subject to judicial review).
lawful order;
public safety or order
Limitations on the Right of Privacy of
Communications
- Evidence illegally obtained (violation of secs.
ii & iii) are inadmissible. Must be ____________________ unless prohibited by law.
returned to the owner
Limitations on the Right of Privacy of
Communications
- Writ of habeas data
- ___________ remedy
- Right to find out ___________________ about them, what use and for what purpose data is being collected.
- May demand it be ___________________________.
Judicial;
what information is being kept;
deleted, destroyed, or rectified.
Limitations on the Right of Privacy of
Communications
- Permissible interference by the state
- Evidence illegally obtained (violation of secs.
ii & iii) are inadmissible. - Writ of habeas data
RA 4200 Anti-Wiretapping Law
Prohibits:
1. Any person, ____________________________ the parties to any private communication or spoken word, to tap any wire or cable, or by using any
other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or
dictagraph or detectaphone or walkie-talkie
or tape recorder, or however otherwise described.
not being authorized by all
RA 4200 Anti-Wiretapping Law
Prohibits:
2. Any person, participant or not, to ________________ thereof; or to replay the same for any other person; or to __________________ thereof, either verbally or in writing; or to ___________________: provided, that the use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of
offenses mentioned in section 3 hereof, shall
not be covered by this prohibition.
knowingly possess any record;
communicate the contents;
furnish transcriptions
RA 4200 Anti-Wiretapping Law
Prohibits:
3. ___________________ does or who shall aid, permit, or cause to be done any of the acts
Willfully or knowingly
RA 4200 Anti-Wiretapping Law
Prohibits:
4. Court application can only be made for
crimes that ________________________ (treason, espionage, etc.) and not common offenses.
involve national security
RA 4200 Anti-Wiretapping Law
Prohibits:
5. Without a ____________________, any
communication obtained through wiretapping
_____________________________ in any judicial, quasi-judicial, legislative or administrative
hearing or investigation.
valid court order;
cannot be used as evidence
Gaanan Vs. Iac (1986)
1. The key phrase is “__________________________”
any other device or arrangement.
Gaanan Vs. Iac (1986)
2. There must be either a ______________________
through a wiretap or the deliberate installation of a device or arrangement in order to overhear, intercept, or record the spoken words… an extension telephone cannot be placed in the same category as a dictaphone, dictagraph or the other devices enumerated in Section 1 of RA 4200 as the use thereof ______________________________________________.
physical interruption;
cannot be considered as “tapping” the wire cable of a telephone line
Gaanan Vs. Iac (1986)
3. The telephone extension in this case was not installed for that purpose.”
Gaanan Vs. Iac (1986)
4. “…the phrase ‘_______________________’ – instruments the use of which would be tantamount to tapping the main line of a telephone. Their purpose is precisely for tapping, intercepting or recording a telephone conversation.”
device or arrangement
RA 10173 Data Privacy Act Functions:
1. Protects the __________________ while ensuring ____________________ to promote innovation and growth;
privacy of individuals;
free flow of information
RA 10173 Data Privacy Act Functions:
2. Regulates the collection, recording,
organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of _____________________; and
personal data
RA 10173 Data Privacy Act Functions:
3. Ensures that the Philippines complies with
____________________ set for data protection through the National Privacy Commission (NPC).
international standards
Refers to an individual whose
personal information is processed.
Data subject
Refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the
information, or when put together with other information would directly and certainly identify an individual.
Personal information
Right of Data Subjects
1.
2.
3.
4.
5.
6.
7.
8.
- Right to be informed
- Right to access
- Right to object
- Right to erasure or blocking
- Right to damages
- Right to file a complaint
- Right to rectify
- Right to data portability
