Imagine having a private conversation online with someone only to find out that this person posted it on social media the following day. Was this in violation of data privacy?
Senate President Francis "Chiz" Escudero thinks it does.
"As a lawyer, I think so but again it's an allegation that needs to be proven in court," Escudero said during the Kapihan Sa Senado forum on Thursday, Dec. 5.
"Hanggat hindi napagpapasyahan ng korte, alegasyon siya (As long as the court hasn't decided on it, it remains to be an allegation)," he added.
While this was a violation, according to Escudero, who is also a lawyer, it can still be used as evidence in court.
"Kasi may prinsipyo sa korteng ‘fruit of the poisonous tree’ na pag sa iligal mo nakuha hindi mo pwedeng gamiting ebidensya pero gumawa ng exception ang korte dito (There is a legal principle known as fruit of the poisonous tree, which states that evidence obtained illegally cannot be used in court. However, the court made an exception to this rule)," Escudero said.
"Pwedeng gamiting ebidensya sa criminal case hindi sa civil case para patunayan ang innocence or guilt ng akusado pero hindi sa isang civil case para mapagbayad o mabawi anumang ari-arian so may pagkakaiba dun (Evidence can be used in a criminal case to prove the innocence or guilt of the accused, but it cannot be used in a civil case to seek payment or recover any property, so there is a distinction there)," he added.
Recently, Jamella Villanueva, the non-showbiz girlfriend of actor Anthony Jennings, has exposed her ex-boyfriend's alleged infidelity involving actress Maris Racal that led to their breakup.
In a string of Instagram stories, Jamella shared screenshots of Anthony's private conversations with Maris.
This raised questions among netizens who cited data privacy since Jamella shared a private conversation without the permission of those involved.
Does publicly sharing screenshots violate data privacy? ‘I think so’ —Chiz
Dec 5, 2024 11:51 AM