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` The philosophical premise: Information privacy
` Safeguards the personƞs 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.
 
` ×razil, 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.
Ouulull
` 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 Ơright to privacy in lifeơ is
confounding. A plausible construal is Ơone whose right
to life, liberty or security is threatened through a
violation of the right to privacy.ơ
À 
` 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.
À l
` Primary venues: RTC
` Recourse to SC, CA or Sandiganbayan:
` Ơwhen the action concerns public data files of
government officesơ. (Sec. 3)
` Not as liberal as the Rule on the Writ of
Amparo.
` Enforceable anywhere in the Philippines.
` Note rule on Return. (Sec. 4)
À  u
` 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.
u  !
` 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
Ơsecret missionsơ.
 "u
` 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.
 
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` Mere invocation of national security, privilege,
etc.: not sufficient
` In camera hearing when information alleged to be of
sensitive nature.
` Respondents: duty-
duty-bound to divulge them to the
court.
` Presence of counsel, parties? Seems to be implied by
Ơhearingơ.
` When judge issues order compromising national
security: certiorari available.
ºu#
` 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.

` ×elenƞs father, a permanent immigrant to the US
(a Ơgreen-
Ơgreen-card holderơ), 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. ×elen 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?