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EJKReport_Parreno_9152010

EJKReport_Parreno_9152010

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Published by philhumanrights

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Published by: philhumanrights on Sep 16, 2010
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02/11/2012

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The writ of habeas data is a remedy available to any person whose right to privacy

in life, liberty or security is violated or threatened by an unlawful act or omission of a

public official or employee, or of a private individual or entity engaged in the gathering,

collecting or storing of data or information regarding the person, family, home and

correspondence of the aggrieved party.116 It was primarily based in the Council of Europe’s

108th Convention on Data Protection of 1981 which was convened to develop safeguards

to secure the privacy of the individual by way of regulating the processing of personal

information or data.117 Also having found application in Latin American jurisdictions, the

writ has also become a fundamental instrument for investigation into human rights

violations by military dictatorships through obtaining information concerning government

conduct, learning the fate of disappeared persons, and exacting accountability.118 Like the

writ of amparo, the writ of habeas data is a prerogative writ and does not preclude the

filing of separate the filing of separate criminal, civil or administrative suits.119

115 Jay B. Rempillo, Chief Justice Puno Lauds Writ of Amparo’s Victory, November 9, 2007, available at:
http://sc.judiciary.gov.ph/news/courtnews%20flash/2007/11/11090701.php.
116 Rule on the Writ of Habeas Data, §1.
117 Gleo Guerra, SC Promulgates Rule on the Writ of Habeas Data, January 24, 2008, available at:
http://sc.judiciary.gov.ph/news/courtnews%20flash/2008/01/01240801.php.
118 Gleo Guerra, SC Promulgates Rule on the Writ of Habeas Data, January 24, 2008, available at:
http://sc.judiciary.gov.ph/news/courtnews%20flash/2008/01/01240801.php.
119 Rule on the Writ of Habeas Data, §20.

Report on the Philippine Extrajudicial Killings

53

(For more information for the Writ of Habeas Data, see Annex “G-1” and “G-

2”)

Report on the Philippine Extrajudicial Killings

54

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