Privacy Rights/History/Country sources/Philippines
What is the oldest written source in this country that mentions this right?
Philippines
The 1935 Constitution, enacted prior to independence from the United States, grants “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated” in Article III, Section 1(3) (Official Gazette, “The 1935 Constitution”). Today, similar language is used in Article II, Section 1(2) (Official Gazette, “The 1935 Constitution”). The Philippines gained independence in 1946 and ratified the new constitution in 1973. Article 4 Section 3 of the 1973 Constitution of the Republic of the Philippines guarantees “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 not be violated,” and outlines the procedures for the state to gain search warrants. Section 4 additionally ensures the privacy of communication and correspondence. Confidentiality of personal data is also protected in the 2012 Data Privacy Act and implemented by the National Privacy Commission of the Philippines (“Republic Act 10173”). Various “zones,” or aspects of privacy, such as privacy in the workplace, decisional privacy, and informational privacy, are further protected in Philippine case law (Bautista and Llanillo, 2020).
References:
Bautista, Khersien, and Llewellyn Llanillo. 2020. “Zones of Privacy: How Private.” Defense Counsel Journal 84, no. 3. International Association of Defense Counsel. https://www.iadclaw.org/defensecounseljournal/zones-of-privacy-how-private/
“Constitution of the Republic of the Philippines.” 1973. World Constitutions Illustrated, HeinOnline. https://heinonline.org/HOL/P?h=hein.cow/zzph0009&i=8
“Republic Act 10173 - Data Privacy Act of 2012.” National Privacy Commission. Accessed July 19 2024. https://privacy.gov.ph/data-privacy-act/
https://www.officialgazette.gov.ph/constitutions/the-1935- constitution/
https://www.officialgazette.gov.ph/constitutions/1987- constitution/