Simplified Query: Is it legally permissible to post about an employee's termination and caution against unauthorized transactions by them on platforms like Facebook?

In the Philippines, posting information about an employee's termination and cautioning the public about unauthorized transactions on platforms such as Facebook involves complex legal considerations, particularly concerning privacy laws and defamation risks. The Philippines' Data Privacy Act of 2012 primarily governs the processing of personal data, including publication on social media platforms. Under this act, personal data may only be processed (which includes posting online) with the consent of the data subject unless the processing fits within specific exemptions provided by the law.

Privacy Concerns

When an employer considers posting information about an employee's termination, they must ensure that any disclosure complies with the privacy rights afforded under the Data Privacy Act. Employers must have a legitimate purpose for such a disclosure. Generally, publicly posting about an employee's termination does not align with the personal information privacy standards set by law unless it serves a public interest or is necessary for the purposes of legal proceedings.

Defamation Risks

Aside from privacy implications, there is also the risk of defamation. Defamation involves making a false statement that injures someone's reputation. Posting negative information about an employee, especially if not factually accurate or misleading, could lead to defamation claims. In the Philippines, defamation can be treated as libel or slander under the Revised Penal Code, depending on how the information is published.

Considerations for Employers

Before posting any information about an employee's termination on social media:

Consent: Employers should seek the consent of the employee to disclose any information regarding their termination.
Accuracy and Necessity: Information posted must be accurate and necessary for the public or the specific audience intended to be informed.
Legal Consultation: It is advisable for employers to consult with legal professionals to ensure that the content of the post does not violate any legal provisions regarding privacy and defamation.

Conclusion

While the intention behind such posts is often to protect the company from potential unauthorized transactions purportedly in its name, employers must balance this with the legal rights of the former employee. It is crucial to handle such matters sensitively and legally to avoid potential legal repercussions. It is generally recommended to pursue other less invasive measures, such as direct communication with relevant stakeholders, rather than public posts on social media.