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RA AVE S. VIVARES v. ST. THERESA’S COLLEGE

FACTS:

Nenita Julia V. Daluz (Julia) and Julienne Vida Suzara (Julienne), both minors and graduating high school students at St. Theresa's College (STC), took digital pictures of themselves in their undergarments while changing into their swimsuits for a beach party. These pictures were uploaded on Facebook by Angela Lindsay Tan. Mylene Rheza T. Escudero, a computer teacher at STC, learned about the photos and asked her students to identify the girls in the pictures. Escudero's students identified Julia, Julienne, and Chloe Lourdes Taboada among others. They claimed that access to the photos was not confined to the girls' Facebook friends but were viewable by any Facebook user. STC conducted an investigation and found that the students violated the school's regulations on possession of alcoholic drinks, engaging in immoral acts, smoking and drinking in public, apparel that exposes underwear, clothing advocating unhealthy behavior, and uploading pictures online that entail body exposure. STC officials castigated and verbally abused the students in a meeting, and the students were subsequently barred from participating in the commencement exercises.

ISSUES:

  1. Whether or not a writ of habeas data should be issued in the factual context of the case.

  2. Whether or not there was an actual or threatened violation of the right to privacy of the minors involved.

  3. The applicability of the writ of habeas data beyond cases of extralegal killings and enforced disappearances.

  4. Whether respondents were engaged in the gathering, collecting, or storing of data or information.

RULING:

  1. Issuance of Writ of Habeas Data The petition lacks merit; the writ of habeas data should not be issued.

  2. Violation of Privacy There was no substantial evidence of an actual or threatened violation of the right to privacy of the minors involved.

  3. Applicability of Habeas Data The writ of habeas data is not confined to cases of extralegal killings and enforced disappearances and can serve as an independent remedy to enforce one's right to informational privacy.

  4. Engagement in Data Collection The writ may issue against entities engaged in data gathering, collecting, or storing, even if not in the business of doing so.

PRINCIPLES:

  1. Right to Informational Privacy This right involves controlling information about oneself, particularly pertinent in the context of Online Social Networks (OSNs).

  2. Facebook Privacy Settings Utilization of Facebook’s privacy settings manifests the user's invocation of the right to informational privacy.

  3. Scope of Habeas Data The writ can apply to any violation or threat thereof to a person's privacy in life, liberty, or security, not limited to extralegal killings or disappearances.

  4. Cyber Responsibility Users must exercise due diligence in their online activities and utilize privacy tools to protect their informational privacy.