Persons subjected to profiling can file criminal, civil, and administrative complaints, Justice Secretary Menardo I. Guevarra said on Thursday, April 22.

He said it is unlawful for law enforcement agents to conduct profiling of persons and they can be held liable under the Data Privacy Law “depending on the kind of personal data obtained without the consent of the person concerned, and the purpose for which the data was obtained.”

He said that should persons be confronted with profiling, they can file complaints before various government agencies.

“If it’s a criminal complaint, with the prosecutor’s office. If a civil complaint for injunction and damages, directly with the courts. if administrative complaint, with PNP/DILG or AFP (Philippine National Police/Department of Interior and Local Government or the Armed Forces of the Philippines), as the case may be,” he said.

The issue on profiling or red-tagging of persons surfaced anew among the community pantry organizers who claimed that they were subjected to harassment and forced to fill out forms to indicate their memberships in associations or groups.  

Last Tuesday, April 20, Guevarra told law enforcement to leave community pantries alone.

“Suffice it to say that a person voluntarily doing an act of kindness and compassion toward his neighbor should be left alone,” he had stressed.

“It is not proper for law enforcement agents to interrogate him unless there is reason to believe that he is violating any law, ordinance, rule or regulation for the good or welfare of the community,” he said.

“Organizers of community pantries have no legal duty nor are under any compulsion to fill out any forms, as these are not considered business, much less illegal activities,” he added.

The Public Attorneys Office (PAO) and the Commission on Human Rights (CHR) have offered assistance to persons subjected to profiling or red-tagging.