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1/19/2016

TECHNOLOGIES
IMPACT ON
PRIVACY

1/19/2016

Constitutional Provision on Privacy

Constitutional Provision on Privacy

The word Privacy was only mentioned once in the


1987 Philippine Constitution

When can we say that the order of the court is


lawful?

(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.

In what instance that a citizens right to privacy can


be invaded because public safety or order requires
it?
What are the laws which prescribe the invasion of an
individuals privacy?

Constitutional Provision on Privacy


1. Lawful Court Order
2. Public Order or Safety Requirement
3. Express Provision of the Law

Illustrative Case:
Issues in the Implementation of the National Computerized
ID System
Dec 1996 Pres. Fidel Ramos issued AO No. 38 entitled
Adoptation of a National Computerized
Identification Reference System to provide
Filipino citizen and foreign residents with the
facility to conveniently transact business with
basic service among others.

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Illustrative Case:

Illustrative Case:

Issues in the Implementation of the National Computerized ID


System

Issues in the Implementation of the National Computerized


ID System
January 1997 Published
Next day
A petition (by Sen. Ople) was filed
contending that it:
Is unconstitutional usurpation of the
legislative powers of Congress
Violates individuals right to privacy

Just like other countries implementation, the system may serve:


oBetter law enforcement
oFaster delivery of public services
oMore efficient management of credit and insurance programs
oImprovement of telecommunications
oStreamlining of financial activities, etc.

Illustrative Case:

Illustrative Case:

The Supreme Court held it unconstitutional

The Supreme Court held it unconstitutional

Reasons:
oBroadness, vagueness and overbreadth of AO38. It does
not state in clear and categorical term of the information to
be handled. It does not provide who shall control and access
the data, under what circumstances and for what purpose.

Reasons:
oAn individual has no reasonable expectation of privacy with
regard to the National ID System

oThere is no guard against leakage of information

oThe rules and regulations to be promulgated by the InterAgency Coordinating Committee cannot remedy the defect.
oIt does not satisfy with the rational relationship test

Other Cases:

Other Cases:

oPrivacy Between Spouses

oPrivacy Rights of Convicted/Detained Person

person, by contracting marriage, does not shed


his/her integrity or his right to privacy as an individual
and the constitutional protection is ever available to
him or to her

That a law is required before an executive officer


could intrude on a citizens privacy rights, is a
guarantee that is available only to the public at large
but not to persons who are detained or imprisoned. By
the very fact of their detention, pre-trial detainees and
convicted prisoners have a diminished expectation of
privacy rights.

1/19/2016

What is due process of law?


Consider: When Eve and Adam ate the apple in the
Garden of Eden, and hid themselves because they
know they are naked..
Who told you that you are naked? Did you eat of
the fruit of the tree which you should not eat?
God still asks, and gave the opportunity to be heard.

What is due process of law?


Aspects:
2. Substantive due process prohibition against
arbitrary laws; determine whether it has a valid
governmental objective like for the interest of the
public as against mere particular class.

What is due process of law?


A law which hears before it condemns, which
proceeds upon inquiry, and renders judgement only
after trial
Aspects:
1. Procedural due process mode of procedure
which government and private agencies must
follow in the enforcement and application of laws
and rules

Due Process Applied in Software Designs


Gives the users the right to be heard when it discerns
the presence of a clear and present danger

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