Privacy of Communications and Correspondence | THE BILL OF RIGHTS

Political Law and Public International Law > Bill of Rights > E. Privacy of Communications and Correspondence

The right to privacy of communication and correspondence is enshrined in Article III, Section 3 of the 1987 Constitution of the Philippines, which provides the following:

1. 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.”

2. Section 3(2): “Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.”

This constitutional provision safeguards the right of every individual to the privacy of their communication and correspondence from unlawful intrusion by the state, government agencies, or private individuals. It ensures that communication in any form, whether oral, written, or electronic, cannot be intercepted, recorded, or intruded upon without valid justification.

Key Concepts and Principles

1. Nature of the Right

   • The right to privacy of communication and correspondence is not absolute; however, it is protected against any form of intrusion except under strictly regulated circumstances.
   • The phrase "shall be inviolable" emphasizes the strong protection afforded to individuals, making any form of violation presumptively unlawful unless justified under specific and exceptional conditions provided by law.

2. Scope of the Right

   • This right covers all forms of communication and correspondence, including but not limited to:
     • Oral communication (phone conversations, face-to-face discussions)
     • Written communication (letters, messages)
     • Electronic communication (emails, text messages, internet-based communication like social media or messaging apps)
     • Any other medium used to communicate or exchange information

3. 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.

4. Admissibility of Evidence

   • Any evidence obtained in violation of the right to privacy of communication and correspondence is deemed inadmissible in any proceeding. This is in accordance with the exclusionary rule provided in Section 3(2) of the Constitution. Evidence gathered through unlawful wiretapping, unauthorized eavesdropping, or illegal surveillance cannot be used in both civil and criminal proceedings.

Limitations and Regulatory Framework

1. Republic Act No. 4200 (Anti-Wiretapping Law)

   • One of the key legislative measures regulating the right to privacy of communication is the Anti-Wiretapping Law (R.A. 4200), which prohibits unauthorized wiretapping, interception, or recording of private communication. The law makes it illegal to:
     • Secretly record conversations through any electronic device
     • Possess, sell, distribute, or use any recording or communication obtained in violation of the law
   • Penalties: Violation of the Anti-Wiretapping Law carries serious penalties, including imprisonment of six months to six years.
   • Exceptions: The law provides exceptions for law enforcement officers who have obtained a valid court order based on probable cause that the subject of the communication is engaged in criminal activity.

2. Republic Act No. 10173 (Data Privacy Act of 2012)

   • The Data Privacy Act of 2012 further strengthens the protection of personal information in communication, particularly in the digital space. It protects against unauthorized processing, access, or misuse of personal data, especially in online platforms and communications.
   • Under the act, personal communication and correspondence are included in the definition of personal information that must be safeguarded by entities, including private organizations, which collect and process data.

3. Jurisprudence on the Right to Privacy of Communication

   • People v. Marti (G.R. No. 81561, January 18, 1991): The Supreme Court ruled that the constitutional protection applies only to government intrusion, and not to private individuals unless there is collusion with state authorities.
   • Zaldivar v. Sandiganbayan (G.R. No. 79690, October 7, 1988): This case reiterated the exclusionary rule, holding that evidence obtained in violation of the right to privacy of communication is inadmissible.
   • Ramirez v. CA (G.R. No. 93833, September 28, 1995): The Court ruled that telephone conversations recorded without the consent of the parties involved, and without a lawful court order, violate R.A. 4200 and are inadmissible in court.

Balancing Privacy and State Interests

The right to privacy of communication and correspondence is balanced against the needs of public safety, security, and law enforcement. However, this balance is carefully regulated to prevent abuse by the state. Courts play a pivotal role in determining when the right can be lawfully intruded upon, with the primary consideration being the necessity and proportionality of the intrusion in relation to public interest.

International Standards and Principles

The right to privacy of communication is also recognized in various international instruments, reflecting the Philippines' commitment to uphold human rights standards globally:

1. Universal Declaration of Human Rights (UDHR)

   • Article 12 of the UDHR states that "No one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."

2. International Covenant on Civil and Political Rights (ICCPR)

   • Article 17 of the ICCPR provides a similar guarantee, emphasizing protection against unlawful interference with one's privacy, family, home, or correspondence.

3. General Data Protection Regulation (GDPR)

   • Although primarily applicable within the European Union, the GDPR has implications for international privacy standards, influencing data protection laws globally, including the Philippines' Data Privacy Act. It mandates strict requirements for the protection of personal information in communications, particularly in cross-border data transfers.

Enforcement Mechanisms

• The National Privacy Commission (NPC) oversees the implementation of privacy laws, particularly in relation to the Data Privacy Act, and ensures that entities handling personal data in communications comply with the law.
• Individuals whose rights are violated can file complaints with the NPC, or pursue civil, criminal, or administrative remedies depending on the nature of the violation.

Conclusion

The right to privacy of communication and correspondence under Philippine law is a fundamental human right with strong constitutional and legislative protections. While not absolute, it is inviolable except under conditions expressly provided by law, such as court orders or public safety concerns. The exclusionary rule further ensures that evidence obtained through unlawful means is inadmissible in any court proceeding, protecting individuals from arbitrary or unlawful intrusions into their private communications.