Office Memorandum Posted Online Philippines

Can an Employee's Internal Office Memorandum Be Posted Online Legally?

Question:

An employee's name was mentioned during a live interview on social media, and an internal office memorandum asking them to explain alleged irregularities in filing for overtime pay was also posted online. Is this legal?

Answer:

Applicable Laws:

• Republic Act 10173 (Data Privacy Act of 2012): Protects the privacy of individuals while ensuring the free flow of information for innovation, growth, and national development.
• Labor Code of the Philippines: Covers employment practices and relations.

Is the Posting of the Memo Online Legal?

1. Data Privacy Concerns: Under the Data Privacy Act, sensitive personal information, which could include details like employment memos, should not be disclosed without the consent of the individual concerned.
2. Confidentiality: Internal office memorandums usually fall under confidential company documents. Disclosing them publicly without consent could be a breach of trust or even a violation of company policies.

Can the Employee Take Legal Action?

1. Data Privacy Violation: The employee can file a complaint with the National Privacy Commission for the unauthorized disclosure of personal information.
2. Libel/Slander: If the information disclosed harms the reputation of the employee, they may also have grounds to file for defamation.
3. Company Policies: The employee may also refer to internal human resource procedures for possible sanctions against those responsible for the leak.

What Can the Company Do?

1. Investigate: The company should conduct an internal investigation to determine who is responsible for the leak.
2. Implement Measures: Companies should ensure that confidentiality clauses are included in employee contracts and that guidelines are in place for the appropriate use of social media.

Conclusion:

Posting an internal office memorandum online without consent raises serious concerns under Philippine data privacy laws and could also be a violation of employment laws and company policies. Both the employee and the company have routes to address the situation legally.

Disclaimer:

This article is for informational purposes only and should not be considered legal advice. Consult a qualified attorney for advice specific to your situation.