An issue recently surfaced about a certain businesswoman who posted her private messages with an applicant of her company who allegedly prematurely asked: What will be my (applicant’s) salary rate? The post quickly drew the irk of netizens, and opened the discussion about whether or not an applicant should, at the first opportune time, ask for the salary offer before proceeding with his or her employment application. What can be observed in the post, however, of the prospective employer is the alleged screenshot of her private messages with the applicant.
In this issue of Legally Speaking, we will discuss whether a person may take a screenshot of your private messages with him or her, and post it in social media; and whether, in doing so, a violation of Philippine law may have been committed?
Violation of data privacy law
Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA) penalizes the unauthorized processing of personal information and sensitive personal information. Processing refers to any operation or any set of operations performed upon personal information including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data. Unauthorized processing, under the DPA, may be penalized by imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00). The aforementioned penalties may be imposed on persons (whether natural [individual] or juridical [companies or corporations, partnerships, etc.]) who found guilty of violating the same.
Therefore, if you and another person have private messages with each other and so it happens that said person took screenshots of your conservations without your knowledge and consent; and provided that, on those messages, where that person took the screenshots on, have your personal information or sensitive personal information, or your identity can be reasonably and directly ascertained, that person may have violated the DPA.
Likewise, human resources officers, employers and/or prospective employers may not take screenshots of private messages of applicants and use the same improperly.
Criminal and civil actions
For the sake of example, let us just say that not only you are identifiable in the messages who said person posted on the social media, but that person also captioned it that you are “an addict na bad breath”. You happened to read it in his or her post, and you were swept by uncontrollable anxiety considering that you and that person have many mutual friends and everyone can read it as it was posted publicly. You became the target of gossips and jokes during inuman sessions. Your heart broke and you can no longer go out of your house fearing that everyone you meet outside read the same post and actually laughing at you. It did not only affect your personal life but also your career as everyone you know talks about it. What can you do then?
In this case, you may file against said person a case for cyber libel. He or she may have violated Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012 (Cybercrime Law) in connection with the Revised Penal Code (RPC). Also, you may file a case against the person for unjust vexation which is also penalized in the RPC. You may also opt to file for a civil action for damages under Republic Act No. 386 or the Civil Code of the Philippines against the person for hurting your feelings, causing you serious anxiety, and sleepless nights.
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