QUEZON City, Philippines (November 10) – Senator Leila De Lima filed a petition for Writ of Habeas Data against President Rodrigo Duterte but before we react, do we know what a Writ of Habeas Data?
Habeas Data is 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.
Habeas Data is a Latin phrase that can be translated as “you should have the data”. It is a constitutional right to protect, per lawsuit filed in court, to protect the image, privacy, honor, information, self-determination and freedom of information of a person. The writ aims to protect the privacy of the individual with regards to his or her personal data. It is a right to access personal data in an automated database of the government.
Any person who believes that their personal information is being used against them may file a petition to invoke the Writ of Habeas Data. In cases of enforced disappearances, any member of the family of the aggrieved party may file the petition.
For petitioning, the aggrieved party needs to indicate what are the circumstances, the manner the right of privacy is violated or threatened and how it affects the right to life, liberty and security. Also the location of the files, the government office and person in charge or in possession of the said information must be stated, if known.
A written return will be given by the respondent and will contain the information subjected to be released, its nature and the purpose of its collection.
Refusal to release information when a writ is issued will be subjected to punishment by the court. It is an absolute order to release personal information if the aggrieved party proved to the court the violations done to them.
Making a false return, or if the respondent give the wrong information on purpose, the court may cite the respondent for contempt. Pleadings and motion are also prohibited.
The Writ of Habeas Data, alongside with the Writ of Amparo were both conceived to solve the extensive extrajudicial killing and disappearances in the Philippines since 1999. The Habeas Data was the way for the people to invoke the truth and to force the government to release information about the disappearances of some people.
Now, Senator Leila De Lima is invoking this writ to know if the alleged attacks on her person are in violation of her right to privacy.
sources:
http://jlp-law.com/blog/writ-of-habeas-data-questions-and-answers/
http://hrlibrary.umn.edu/research/Philippines/Rule%20on%20Habeas%20Data.pdf
(written by Jacob Isais, edited by Jay Paul Carlos, additional research by Vince Alvin Villarin)