Privacy of communications and correspondence, Bill of Rights

1. Concept

a. Constitutional right

The right to privacy, as an inherent concept of liberty, has long been recognized as a constitutional right. (Gamboa v. Chan, En Banc, G.R. No. 193636, 24 July 2012)

3 strands of the right to privacy1) Locational or situational privacy;2) Informational privacy; and3) Decisional privacy. (Vivares v. St. Theresa’s College, G.R. No. 202666, 29 September 2014)

1) Locational or situational privacy

Locational or situational privacy – refers to the privacy that is felt in physicalspace, such as that which may be violated by trespass and unwarranted search and seizure. (Ibid at Footnote 21)

2) Informational privacy

Informational privacy – is usually defined as the right of individuals to control information about themselves. (Vivares v. St. Theresa’s College, supra.)

3) Decisional privacy

Decisional privacy – is usually defined as the right of individuals to make certain kinds of fundamental choices with respect to their personal and reproductive autonomy. (Ibid at Footnote 22)

b. Test

1) Reasonable expectation of privacy

In ascertaining whether there is a violation of the right to privacy, courts use the “reasonable expectation of privacy” test. This test determines whether a person has a reasonable expectation of privacy and whether the expectation has been violated. (Sps. Hing v. Choachuy, Sr., G.R. No. 179736, 26 June 2013)

Two-part test on the reasonableness of a person’s expectation of privacy:1) Whether...

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