Unlawful means in order to achieve unlawful ends in

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unlawful means in order to achieve unlawful ends. In developing the writ of habeas data, the Court aimed to protect an individual’s right to informational privacy, among others. A comparative law scholar has, in fact, defined habeas data as " a procedure designed to safeguard individual freedom from abuse in the information age ." The writ, however, will not issue on the basis merely of an alleged unauthorized access to information about a person. Availment of the writ requires the existence of a nexus between the right to privacy on the one hand, and the right to life, liberty or security on the other. Thus, the existence of a person’s right to informational
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POLITICAL LAW CASE DIGESTS 302 privacy and a showing, at least by substantial evidence, of an actual or threatened violation of the right to privacy in life, liberty or security of the victim are indispensable before the privilege of the writ may be extended. Without an actionable entitlement in the first place to the right to informational privacy, a habeas data petition will not prosper. Viewed from the perspective of the case at bar, this requisite begs this question: given the nature of an online social network (OSN) –– (1) that it facilitates and promotes real-time interaction among millions, if not billions, of users, sans the spatial barriers, bridging the gap created by physical space; and (2) that any information uploaded in OSNs leaves an indelible trace in the provider’s databases, which are outside the control of the end-users –– is there a right to informational privacy in OSN activities of its users? The right to informational privacy on Facebook a. The Right to Informational Privacy The concept of privacy has, through time, greatly evolved, with technological advancements having an influential part therein. This evolution was briefly recounted in former Chief Justice Reynato S. Puno’s speech, The Common Right to Privacy,20 where he explained the three strands of the right to privacy, viz: (1) locational or situational privacy; (2) informational privacy; and (3) decisional privacy. Of the three, what is relevant to the case at bar is the right to informational privacy –– usually defined as the right of individuals to control information about themselves. With the availability of numerous avenues for information gathering and data sharing nowadays, not to mention each system’s inherent vulnerability to attacks and intrusions, there is more reason that every individual’s right to control said flow of information should be protected and that each individual should have at least a reasonable expectation of privacy in cyberspace. Several commentators regarding privacy and social networking sites, however, all agree that given the millions of OSN users, "[i]n this [Social Networking] environment, privacy is no longer grounded in reasonable expectations, but rather in some theoretical protocol better known as wishful thinking." It is due to this notion that the Court saw the pressing need to provide for judicial
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