Technologies Impact On Privacy 2 PDF
Technologies Impact On Privacy 2 PDF
Commandment # 3 states, Thou shalt not snoop around with other peoples computer files. To address this
problem, the Article III, Section III of Philippine Constitution (Privacy Rights).
NATIONAL I.D SYSTEM - which will serve as the official identification of a Filipino citizen or alien
permanent resident dealing with department, bureau, agency, or office of the government or any governmentowned or controlled corporation, firm or establishment, including, but not limited to government financial
institutions.
The national identification card will do away with the need to present other documents required for
identification purposes. It intends to facilitate, for instance, the issuance of passports and other official
documents required by our citizens from the Government. It will make the payment of fees and the collection
of taxes much easier and efficient. Election fraud, which is national scourge, can be eliminated with the use of
a national identification card.
Facts:
On December 12, 1996, then Pres. Fidel V. Ramos issued Administrative Order No. 38 entitled
ADOPTION OF A NATIONAL COMPUTERIZED IDENTIFICATION REFERENCE SYSTEM (AO
308) to provide Filipino citizens and foreign residents with facility to conveniently transact business with basic
service among others. The administrative Order was published on January 22, 1997 and January 23, 1997. On
January 24, 1997, the Senator Blas OPLE filed a petition contending that:
Administrative Order 308 is unconstitutional usurpation of the legislative powers of Congress
It violates the individuals right to privacy.
Issue:
Whether or not A.O. 308 is unconstitutional for violation of individuals right to privacy.
Ruling:
The Supreme Court held that AO 308 is a law and hence, unconstitutional because the President has
no power to make laws.
AO 308 was held to be unconstitutional for the following reasons:
1.
2.
3.
Broadness, vagueness and overbreadth of AO 308. It does not state in the clear and categorical term of
the information will be handled. It does NOT provide who shall control and access the data, under
which circumstances and for what purpose.
There is NO guard against leakage of information. Thus, an intruder, without fear or sanction or
penalty, can make use of the data for whatever purpose, or worse, manipulated the data stored within
the system.
An individual has no reasonable exception of privacy with regard to the National ID System.
4.
5.
The rules and regulation to be promulgated by the Inter-Agency Coordinating Committee (IACC)
cannot remedy the defect.
It does not satisfy with the rational relationship test.
A court or tribunal clothed with judicial power to hear and determine the matter before it.
Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is
the subject of the proceedings.
The defendant must be given notice and an opportunity to be heard.
Judgment must be rendered upon a lawful hearing.
The Constitution states: No person shall be deprive of life, liberty, or property without due process of law..
In analyzing the stylistic way of how the constitution is worded, can we formulate in the following rule:
General Rule:
No person shall be deprived of life, liberty, or property.
Exception to the Rule:
If there is due process of law.
So what? Anybody can understand this. Does it have any legal significance?
Yes, it has very important legal consequence. Since the exemption to the rule can only be applied if there is
due process, any person in litigation who alleged that there is due process of clause has been burden of proof.
In law, whoever alleges the exemption to the rule has been burden of proof.
Now what if the Constitution was amended and Sec. 1 of Article III was amended to read as follows:
A person may be deprived of life, liberty, or property, unless if there is no due process of law.
Because the presumption of the law under this stylistic writing will be presence of due process and the burden
of proof that will be no due process of law. Why? Because under this format:
The general rule is:
A person may be deprived of life, liberty, or property; this presupposes the presence of due process;
Exception:
If there is no due process of law.