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Universal Declaration of Human Rights:

Article 12. The right to privacy No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

The Right to Privacy


PRIVACY (FROM LATIN: PRIVATUS "SEPARATED FROM THE REST, DEPRIVED OF SOMETHING, ESP. OFFICE, PARTICIPATION IN THE GOVERNMENT", FROM PRIVO "TO DEPRIVE") IS THE ABILITY OF AN INDIVIDUAL OR GROUP TO SECLUDE THEMSELVES OR INFORMATION ABOUT THEMSELVES AND THEREBY EXPRESS THEMSELVES SELECTIVELY.

The Right to Privacy


RIGHT TO BE LET ALONE
(1890, LOUIS BRANDEIS AND SAMUEL WARREN)

Types of Privacy
1. Physical privacy - Preventing "intrusions into one's physical space or solitude 2. Organizational - Organizations may seek legal protection for their secrets 3 Spiritual and intellectual - Recognition of man's spiritual nature, of his feelings and his intellect 4. Informational - Information or data privacy

World Views on Privacy


Privacy is a fundamental human right that has become one of the most important rights of the modern age. Issues: Privacy and technology Privacy and the Internet

Legal framework in the Phil.


Constitutional privacy framework Article 3 of the 1987 Philippine Constitution stipulates the country's Bill of Rights. The following sections related to privacy are contained in the Constitution:

Section 2.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

Section 3.
(1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Criminal Law
Art. 128 of RPC: Unlawful entry, search or seizure by any public officer or employee Art. 172-175 of RPC: Falsification of documents Art. 229-230 of RPC: Discovery and revelation of secrets Art. 280-281 of RPC: Trespass Art. 353-354 of RPC: Libel Art. 258 of RPC: Slander Art. 360 of RPC: Publication of defamatory statements The Anti-Child Pornography Act of 2009 (RA No. 9775) Electronic Commerce Act (Republic Act No. 8792, s. 2000) Cybercrime Prevention Act of 2012 (RA No. 10175)

Civil Law
Chapter 2 of the Civil Code regulates human relations, and mandates that every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons (Art. 26).
The following and similar acts give rise to an action for damages, prevention and other relief (Art. 26): Prying into the privacy of another's residence; Meddling with or disturbing the private life or family relations of another; Intriguing to cause another to be alienated from his friends; and Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

Anyone who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person is liable for damages under the law (Art. 32):
The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures; The liberty of abode and of changing the same; and The privacy of communication and correspondence.

Civil Law
The Data Privacy Act of 2012 (Republic Act 10173 - compliance with international data protection standards

Freedom of Movement & Right of Domicile

Universal Declaration of Human Rights:


Article 12. The right to privacy No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks. Article 13. Freedom to move & Free choice of Domicile (1) Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country.

Freedom of movement mobility rights or the right to travel Right of Domicile status or attribution of being a permanent resident in a particular jurisdiction

Art. 3 Bill of Rghts


Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Who does the freedom of movement affect?


Refugees Asylum seekers Immigrants Internally displaced persons Economic migrants Students

Without the right to free movement:


An individual may be politically repressed Prevented from observing his/her chosen religion Prevented from enjoying the basic right to marriage or family life; or Blocked from a job or an education that ultimately could enhance his/her quality of life.

Common limitations
Philosophical grounds for a right to move
ethics of cosmopolitanism, and utilitarian notions of the benefits of immigration to both receiving countries and immigrants

Freedom of movement between private parties Permissible government restrictions Entrance restrictions in certain countries