“Rights against Unreasonable Search and Seizure of one’s laptop
content”
The
right against unreasonable searches and seizure in the Philippines is protected
by no other than the fundamental law of the land and various statutory laws. It is expressly recognized in
Sections 1 and 2 of the Bill of Rights:
"Sec. 1. No person shall be deprived
of life, liberty, or property without due process of law, nor shall any person
be denied the equal protection of the laws.
Sec.
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.
The Civil Code provides that "[e]very person shall respect the dignity, personality, privacy and peace of
mind of his neighbors and other persons. It also holds a public officer
or employee or any private individual liable for damages for any violation of
the rights and liberties of another person and recognizes the privacy of
letters and other private communications.
The Revised Penal Code makes a crime the violation of
secrets by an officer, the revelation of trade and industrial secrets and trespass to
dwelling.
Invasion of privacy is an offense in special
laws like the Anti-Wiretapping
Law the Secrecy of Bank Deposit Act and the Intellectual Property
Code. The Rules of Court on privileged communication
likewise recognize the privacy of certain information.
In the Philippine territory one’s
right to privacy is indeed guaranteed, however an issue arises if a Filipino
citizen is to travel abroad and the contents of his laptop was seized by an
Immigration Officer. May he invoke his right against unreasonable
searches and seizure?
Yes, if the country where he
travelled to is a signatory to the Universal
Declaration of Human Rights which protects a person’s right to his property
and privacy. As a signatory to the said declaration, a State must comply with
their obligation and follow the principle of pacta sunt servanda and amity
with other nations. The following are the relevant provisions of UDHR
against unreasonable searches and seizures.
Article 3
Everyone has the right to life,
liberty and security of person.
Article 12
No one shall be subjected to arbitrary
interference with his privacy, family, home or correspondence, nor to attacks
upon his honour and reputation. Everyone has the right to the protection of the
law against such interference or attacks.
Article 17
(1) Everyone has the right to own
property alone as well as in association with others.
(2) No one shall be arbitrarily
deprived of his property.
However, the right against unreasonable
searches and seizure is also limited by the UDHR.
Article 29
(2) In the exercise of his rights and freedoms, everyone shall be subject
only to such limitations as are determined by law solely for the purpose of
securing due recognition and respect for the rights and freedoms of others and
of meeting the just requirements of morality, public order and the general
welfare in a democratic society.
As a sojourning visitor in another country we
must be mindful of their laws especially in high risks areas like the airport
where we must submit ourselves to their internal rules and procedures as well
as security checks as long as it’s not arbitrary, against the law, public
policy and morality.
Another exception is when the person is
already under the Interpol’s watch list as a suspect of piracy or other
crimes. In such cases he may be held
under custody and his property may be searched in accordance with a lawful
court order. This is also true if the
search was done in the interest of “national security” for a State as a “parens
patria” must always protect its citizens.
An
individual’s right to his privacy ends and must yield to the greater public
welfare. He must have a reasonable
expectation of privacy depending on what territory he is in.
