0% found this document useful (0 votes)
7 views7 pages

Privacy of Comm. and Corres.

The document outlines the right to privacy of communication and correspondence as enshrined in Article III, Section 3 of the 1987 Philippine Constitution, emphasizing its inviolability except under lawful court orders or public safety concerns. It details the scope of this right, covering all forms of communication, and discusses exceptions where government intrusion may be justified. Additionally, it highlights the requisites for the existence of this right and mentions various contexts such as workplace privacy and online privacy.

Uploaded by

23-0804.abawag
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
7 views7 pages

Privacy of Comm. and Corres.

The document outlines the right to privacy of communication and correspondence as enshrined in Article III, Section 3 of the 1987 Philippine Constitution, emphasizing its inviolability except under lawful court orders or public safety concerns. It details the scope of this right, covering all forms of communication, and discusses exceptions where government intrusion may be justified. Additionally, it highlights the requisites for the existence of this right and mentions various contexts such as workplace privacy and online privacy.

Uploaded by

23-0804.abawag
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 7

Privacy of Communication and Correspondence

Privacy of Communication and Correspondence

Article III, Section 3 of the 1987 Philippine Constitution

Section 3 (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."

Section 3 (2): "Any evidence obtained in violation of this or the preceding


section shall be inadmissible for any purpose in any proceeding.
Privacy of Communication and Correspondence

Key Concepts and Principles

Nature of the Right: The right to privacy of communication and


correspondence is fundamental in protecting individuals from
unwarranted intrusions by the state and other entities. It ensures that
personal communications remain confidential unless there is a compelling
reason for disclosure.

Scope of the Right: This right covers ALL forms of communication and
correspondence, including oral, written, and electronic communication. It
applies to phone conversations, letters, emails, text messages, and internet-
based communication.
Privacy of Communication and Correspondence

Key Concepts and Principles

Exceptions to the Right The right to privacy of communication is not absolute and can
be subject to exceptions under the following circumstances:

Lawful order of the court: A competent court may issue an order authorizing
the interception or intrusion of communication in accordance with the law and
upon the showing of probable cause or a legitimate legal basis.

When public safety or order requires otherwise: The right may be curtailed in
cases where public safety or order necessitates government intrusion, but such
exceptions must be grounded on law and cannot be arbitrary.
Privacy of Communication and Correspondence

Key Concepts and Principles

Three Strands of the Right to Privacy

1. Decisional Privacy
2. Informational Privacy
3. Location or Situational Privacy
Privacy of Communication and Correspondence

Key Concepts and Principles

Requisites of Existence of the Right to Privacy

1. A person has exhibited an actual expectation of privacy. They must have taken
some action or behaved in a way that indicates they intended to keep something
to themselves.
2. The expectation be one that society is prepared to recognize as reasonable. Not
every personal desire for privacy will be protected by law; it needs to be
something that most people would agree is reasonable to keep private.
Privacy of Communication and Correspondence

Key Concepts and Principles

Privacy in Workplace
Privacy between spouses (Zulueta vs. CA)
Chat Logs, Videos May Be Used as Evidence in Criminal Cases (People v. Eul
Vincent O. Rodriguez)
Public Figure
Online Privacy

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy