PRIMER ON THE WRIT OF HABEAS DATA By Atty. Neri Javier Colmenares May 14, 2008
Introduction: Habeas Data as a Legal Notion The writ of habeas data is a relatively new legal notion compared to the traditional writ of habeas corpus and the recently promulgated writ of amparo. Habeas data literally means you should have the data, and is defined by Latin American legal scholars as a writ designed to protect through a petition or complaint, the image, privacy, honor, information self-determination and freedom of information of a person¯. Although many will argue that its origin stemmed from Europe, particularly the Council of Europe's 108th Convention on Data Protection of 1981, it is Brazil which directly and expressly enshrined its provisions into law through Law 824 [December 28, 1984, Rio de Janeiro] and subsequently under Article 5, LXXII of its Constitution which states that habeas data is granted:
The Common Right to Privacy by Chief Justice Reynato Puno
The writ of habeas data finds its justification on the right to privacy. Allow me therefore to deal very briefly about the right to privacy. The “right to privacy” is a right inherent in human beings. From the dawn of time when man lived in what Thomas Hobbes called, the State of Nature where the individual was lawmaker, law enforcer and law interpreter of the laws of nature—the “right to be let alone” existed not as a claim but as part of the natural order. John Locke argued that this “natural condition of mankind” is what would exist if there were no government, no laws, and no common power to restrain human nature. The state of nature is a “war of all against all,” in which human beings constantly seek to destroy each other in an incessant pursuit for self-advancement and power. Hence, when human beings formed societies and entered into social contracts—the first provision that the individual consented to is that he or she shall live with others, and hence, shall not live alone. The “right to be let alone” was voluntarily curtailed in exchange for living in a common society governed by common laws that protect life, liberty and property.
We live in a time of political turmoil where impunity in human rights
violations and general lawlessness grip the nation and serious economic
disorder.
In introducing our distinguished speaker, I will deviate from the
traditional way of enumerating his credentials and achievements from
his Resume. Undoubtedly, these are impressive and impeccable, as we
all know. Instead, allow me to trigger your attention to his
principles and philosophy as eloquently articulated in his speeches,
ponencias and opinions. And in this regard, I candidly admit that I am
just beginning to re-read or read thoroughly Chief Justice Puno’s
important works particularly those that pertain to our field of law
practice which I fondly call lawyering for the oppressed and exploited
sectors of our society. I urge you all, especially the young lawyers,
to read Chief Justice Puno’s opinions and speeches. Chief Justice
Puno’s incisive writings have a unique way of sharpening our
understanding of Philippine law and its relevance to the root causes of
the problems of Philippine society, particularly the centuries-old
problems of poverty, social injustice and deprivation of genuine
freedom, democracy and sovereignty. More importantly, the pervading
sincerity and simplicity that radiate from his writings have also a
unique and compelling way of deepening the reader’s commitment to the
rule of law, to the struggle for human rights and a just and humane
society, to our rejection and unwavering crusade against corruption and
to our ultimate goal of a genuinely free, sovereign and prosperous
nation.
