Sabado, Setyembre 17, 2011

When the right of the people to information clashes with the right to privacy, which one will prevail?



As enshrined in Philippine Constitution, Section 7 of Bill of Rights provides as follows:    “The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.”

On the other hand right to privacy can be found in Article 26 of the Civil Code states that "every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another's residence; (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition."

Section 5 of the Rape Victim Assistance and Protection Act of 1998, stipulates that "any stage of the investigation, prosecution and trial of a complaint for rape, the police officer, the prosecutor, the court and its officers, as well as the parties to the complaint shall recognize the right to privacy of the offended party and the accused."

Section 8 of the Proposed Rule on Juveniles in Conflict with the Law stipulates that "the right of the juvenile to privacy shall be protected at all times. All measures necessary to promote this right shall be taken, including the exclusion of the media.

          Philippine Supreme Court Decisions are public record of public concern and as guaranteed by the constitution people shall have free access to such documents. Internet also provides different websites for repositories of jurisprudence. Included in these decisions are the names of the parties involved in the suit. May a party invoke his right to privacy and compel his name be removed or replaced with initials for being violative of his right?

       As public document, it must not be altered nor modified unless there is a existing law which grants a party that his name be withhold. As in A.M. No. 99-7-06-SC, Supreme Court resolves in the meantime to refrain from posting on its Web Page the full text of decisions in cases involving child sexual abuse or cases of similar in nature. 

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