Privacy and Free expression

Privacy and
Free Expression
Jam Jacob
Program Manager, Privacy and Data Protection
Foundation for Media Alternatives
What is the right to privacy and
freedom of expression?
Why respect privacy and free
expression?
What are your obligations and
responsibilities as a business?
What is the
Right to Privacy
and
Freedom of Expression?
Right to Privacy
• The right to create a space for yourself, free from
interference by the government or others
• The right to be le(f)t alone
• Aspects: communication privacy, territorial privacy,
bodily privacy, data privacy
“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 12,
Universal Declaration of Human Rights
“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.”
Article III, Section 1,

1987 Philippine Constitution
“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.
“(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.”

“The Congress shall give highest priority to the
enactment of measures that protect and enhance
the right of all the people to human dignity, reduce
social, economic, and political inequalities, and
remove cultural inequities by equitably diffusing
wealth and political power for the common good.”
Article XIII, Section 1,

“Principle of Accountability. – Each personal
information controller is responsible for personal
information under its control or custody, including
information that have been transferred to a third
party for processing, whether domestically or
internationally, subject to cross-border arrangement
and cooperation.”
Section 21,
Data Privacy Act of 2012
Freedom of Expression
• The right to be able to freely express yourself, and to
seek and receive information, ideas and the expression
of other people.
• 2 modes: content and form
• does not only cover “appropriate” or “acceptable”
expression. It also covers expression which offends,
shocks, or disturbs.
“Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold
opinions without interference and to seek, receive
and impart information and ideas through any
media and regardless of frontiers.”
Article 19,
Universal Declaration of Human Rights
“No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of
the people peaceably to assemble and petition the
government for redress of grievances.”

Why Respect Privacy and
Free Expression?
More trust and confidence in
your products and services
• People need to know they can trust you to handle their

data.
source: https://www.theguardian.com/technology/2018/jul/26/facebook-market-cap-falls-109bn-dollars-after-growth-shock
More trust and confidence in
your products and services
Source: https://ph.news.yahoo.com/boycottnutriasia-gains-traction-online-violent-055439921.html
More investments and
opportunities for growth
• Investors need to know that you are reliable,

trustworthy, and will give a good return on their
investment.
More investments and
opportunities for growth
Required by law and
regulatory issuances
• You have a legal responsibility to respect the human

rights of your customers or clients.
Required by law and
regulatory issuances
What are your obligations
and responsibilities as a
business?
GENERAL RULE
Respect human rights in practice.
NOTE: This applies to businesses of all sizes,

sectors, operational contexts, ownership
models, and structures.
• By not causing or contributing to adverse
human rights impacts through your own
activities, and by addressing such impacts
when they occur.
• By making it a policy of the organization to

meet your responsibility to respect HR.
• By establishing an HR due diligence process
that identify, prevent, mitigate, and account
for how you address your impact on HR.
• By providing processes that address or resolve
any adverse HR impacts you cause or you
contribute to.
• By seeking to prevent or mitigate adverse
human rights impacts directly linked to one’s
operations, products, or services by one’s
business relationships, even if one has not
contributed to said impacts.
“It's clear now that we didn't do enough to prevent
these tools from being used for harm as well. That goes
for fake news, foreign interference in elections, and
hate speech, as well as developers and data privacy."
• By not undermining the government’s ability
to meet its own human rights obligations
(e.g., by not engaging in actions that
weaken the integrity of judicial processes)
This is bigger than any of us.
Democracy is not guaranteed.

END

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Privacy and

Article III, Section 1,

Article III, Section 3,

Article XIII, Section 1,

Article III, Section 4,

• People need to know they can trust you to handle their

• Investors need to know that you are reliable,

• You have a legal responsibility to respect the human

Respect human rights in practice.

NOTE: This applies to businesses of all sizes,

• By making it a policy of the organization to

Democracy is not guaranteed.

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