01/08/2019
G.R. No. 202666
Sec. 2. Who May File. – Any aggrieved party may file a petition for the writ of habeas data. However, in cases of
extralegal killings and enforced disappearances, the petition may be filed by:
(a) Any member of the immediate family of the aggrieved party, namely: the spouse, children and parents; or
(b) Any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degreeof
consanguinity or affinity, in default of those mentioned in the preceding paragraph. (emphasis supplied)
Had the framers of the Rule intended to narrow the operation of the writ only to cases of extralegal killings or
enforced disappearances, the above underscored portion of Section 2, reflecting a variance of habeas data
situations, would not have been made.
Habeas data, to stress, was designed "to safeguard individual freedom from abuse in the information age."17 As
such, it is erroneous to limit its applicability to extralegal killings and enforced disappearances only. In fact, the
annotations to the Rule preparedby the Committee on the Revision of the Rules of Court, after explaining that the
Writ of Habeas Data complements the Writ of Amparo, pointed out that:
The writ of habeas data, however, can be availed of as an independent remedy to enforce one’s right to privacy,
more specifically the right to informational privacy. The remedies against the violation of such right can include the
updating, rectification, suppression or destruction of the database or information or files in possession or in control
of respondents.18 (emphasis Ours) Clearly then, the privilege of the Writ of Habeas Datamay also be availed of in
cases outside of extralegal killings and enforced disappearances.
b. Meaning of "engaged" in the gathering, collecting or storing of data or information
Respondents’ contention that the habeas data writ may not issue against STC, it not being an entity engaged in the
gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the
aggrieved party, while valid to a point, is, nonetheless, erroneous.
To be sure, nothing in the Rule would suggest that the habeas data protection shall be available only against abuses
of a person or entity engaged in the businessof gathering, storing, and collecting of data. As provided under Section
1 of the Rule:
Section 1. Habeas Data. – The writ of habeas datais a remedy available to any person whose right to privacy in life,
liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a
private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person,
family, home and correspondence of the aggrieved party. (emphasis Ours)
The provision, when taken in its proper context, as a whole, irresistibly conveys the idea that habeas data is a
protection against unlawful acts or omissions of public officials and of private individuals or entities engaged in
gathering, collecting, or storing data about the aggrieved party and his or her correspondences, or about his or her
family. Such individual or entity need not be in the business of collecting or storing data.
To "engage" in something is different from undertaking a business endeavour. To "engage" means "to do or take part
in something."19 It does not necessarily mean that the activity must be done in pursuit of a business. What matters is
that the person or entity must be gathering, collecting or storing said data or information about the aggrieved party
or his or her family. Whether such undertaking carries the element of regularity, as when one pursues a business,
and is in the nature of a personal endeavour, for any other reason or even for no reason at all, is immaterial and
such will not prevent the writ from getting to said person or entity.
To agree with respondents’ above argument, would mean unduly limiting the reach of the writ to a very small group,
i.e., private persons and entities whose business is data gathering and storage, and in the process decreasing the
effectiveness of the writ asan instrument designed to protect a right which is easily violated in view of rapid
advancements in the information and communications technology––a right which a great majority of the users of
technology themselves are not capable of protecting.
Having resolved the procedural aspect of the case, We now proceed to the core of the controversy.
The right to informational privacy on Facebook
a. The Right to Informational Privacy
The concept of privacyhas, through time, greatly evolved, with technological advancements having an influential part
therein. This evolution was briefly recounted in former Chief Justice Reynato S. Puno’s speech, The Common Right
to Privacy,20 where he explained the three strands of the right to privacy, viz: (1) locational or situational privacy;21
(2) informational privacy; and (3) decisional privacy.22 Of the three, what is relevant to the case at bar is the right to
informational privacy––usually defined as the right of individuals to control information about themselves.23
With the availability of numerous avenues for information gathering and data sharing nowadays, not to mention each
system’s inherent vulnerability to attacks and intrusions, there is more reason that every individual’s right to control
said flow of information should be protected and that each individual should have at least a reasonable expectation
of privacy in cyberspace. Several commentators regarding privacy and social networking sites, however, all agree
that given the millions of OSN users, "[i]n this [Social Networking] environment, privacy is no longer grounded in
reasonable expectations, but rather in some theoretical protocol better known as wishful thinking."24
It is due to this notion that the Court saw the pressing need to provide for judicial remedies that would allow a
summary hearing of the unlawful use of data or information and to remedy possible violations of the right to
privacy.25 In the same vein, the South African High Court, in its Decision in the landmark case, H v. W,26
promulgated on January30, 2013, recognized that "[t]he law has to take into account the changing realities not only
technologically but also socially or else it will lose credibility in the eyes of the people. x x x It is imperative that the
courts respond appropriately to changing times, acting cautiously and with wisdom." Consistent with this, the Court,
by developing what may be viewed as the Philippine model of the writ of habeas data, in effect, recognized that,
generally speaking, having an expectation of informational privacy is not necessarily incompatible with engaging in
cyberspace activities, including those that occur in OSNs.
The question now though is up to whatextent is the right to privacy protected in OSNs? Bear in mind that
informational privacy involves personal information. At the same time, the very purpose of OSNs is socializing––
sharing a myriad of information,27 some of which would have otherwise remained personal.
b. Facebook’s Privacy Tools: a response to the clamor for privacy in OSN activities
Briefly, the purpose of an OSN is precisely to give users the ability to interact and to stay connected to other
members of the same or different social media platform through the sharing of statuses, photos, videos, among
others, depending on the services provided by the site. It is akin to having a room filled with millions of personal
bulletin boards or "walls," the contents of which are under the control of each and every user. In his or her bulletin
board, a user/owner can post anything––from text, to pictures, to music and videos––access to which would depend
on whether he or she allows one, some or all of the other users to see his or her posts. Since gaining popularity, the
OSN phenomenon has paved the way to the creation of various social networking sites, includingthe one involved in
the case at bar, www.facebook.com (Facebook), which, according to its developers, people use "to stay connected
with friends and family, to discover what’s going on in the world, and to share and express what matters to them."28
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