In Vivares v. St. Theresa’s College, the Supreme Court addressed the extent to which individuals can expect privacy when using social media. The Court ruled that users must actively employ privacy settings to protect their online content, otherwise, the right to informational privacy cannot be invoked. This decision underscores the importance of understanding and utilizing privacy tools available on platforms like Facebook to safeguard personal information in the digital realm, setting a precedent for how privacy rights are interpreted in the context of online social networks.

Digital Footprints: When Does Sharing Become Oversharing?

The case of Rhonda Ave S. Vivares and Sps. Margarita and David Suzara v. St. Theresa’s College, Mylene Rheza T. Escudero, and John Does, G.R. No. 202666, arose when two minor students at St. Theresa’s College (STC) in Cebu City posted photos of themselves in undergarments on Facebook. These photos, along with others showing the students drinking and smoking, were brought to the attention of the school administration by a computer teacher, Mylene Rheza T. Escudero. The school subsequently sanctioned the students for violating the Student Handbook. The students’ parents then filed a Petition for the Issuance of a Writ of Habeas Data, arguing that the school had violated their children’s right to privacy by accessing and disseminating the photos without their consent. The central legal question was whether the students had a reasonable expectation of privacy regarding their Facebook posts, and whether STC’s actions constituted an unlawful intrusion into their private lives.

The Supreme Court began its analysis by examining the nature and purpose of the writ of habeas data. The Court emphasized that this writ is a remedy available to any person whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act or omission. This remedy extends to both public officials and private individuals or entities engaged in the gathering, collecting, or storing of data or information regarding the aggrieved party.

Sec. 1. Habeas Data. – The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.

Building on this principle, the Court clarified that the writ is not solely confined to cases of extralegal killings and enforced disappearances. Instead, it serves as an independent remedy to enforce one’s right to privacy, especially the right to informational privacy. The Court underscored the writ’s purpose: “to safeguard individual freedom from abuse in the information age.” Furthermore, the Court addressed the argument that STC could not be subject to a habeas data writ because it was not an entity engaged in the business of gathering or storing data. The Court rejected this narrow interpretation, stating that engaging in such activities need not be a business endeavor. What matters is whether the person or entity is gathering, collecting, or storing data or information about the aggrieved party or their family.

The Court then turned to the critical issue of informational privacy on Facebook. It acknowledged the evolution of the concept of privacy, particularly in light of technological advancements. The right to informational privacy, defined as the right of individuals to control information about themselves, is at the heart of this discussion. In the context of online social networks (OSNs), the Court recognized that while these platforms facilitate real-time interaction among millions of users, they also raise significant privacy concerns. Facebook, as a prominent OSN, provides users with privacy tools designed to regulate the accessibility of their profiles and uploaded information. These tools allow users to customize their privacy settings, determining who can view their posts, photos, and other content.

Facebook extends its users an avenue to make the availability of their Facebook activities reflect their choice as to “when and to what extent to disclose facts about [themselves] – and to put others in the position of receiving such confidences.”

However, the Court cautioned that the availability of these privacy tools does not automatically guarantee a protected expectation of privacy for all Facebook users. For a user to have a reasonable expectation of privacy, they must manifest the intention to keep certain posts private by actively employing measures to prevent access or limit visibility. In other words, the utilization of OSN privacy tools is the manifestation, in cyber world, of the user’s invocation of his or her right to informational privacy. The Court emphasized that without such active measures, the default setting for Facebook posts is “Public,” meaning the photographs in question were viewable to everyone on Facebook. The Court concluded that the minors in this case did not sufficiently limit the disclosure of their photos, failing to prove that they placed the images within a protected zone of privacy.

Moreover, the Court noted that even if the photos were visible only to the students’ Facebook friends, STC could not be held liable for a privacy invasion. It was the minors’ Facebook friends who showed the pictures to Tigol, the school’s Discipline-in-Charge, and respondents were merely recipients of what was posted. The Court further stated that STC’s appending of the photographs in their memorandum submitted to the trial court in connection with Civil Case No. CEB-38594 did not amount to a violation of the minor’s informational privacy rights.

Ultimately, the Supreme Court found that respondent STC and its officials did not violate the minors’ privacy rights. This decision underscores the importance of cyber responsibility and self-regulation on the part of OSN users. The Court emphasized that internet users must exercise due diligence in their online dealings and activities and must not be negligent in protecting their rights. The decision serves as a reminder that the best filter is the one between your children’s ears, promoting responsible social networking and adherence to “netiquettes” to avoid privacy violations.

FAQs

What was the key issue in this case?	The key issue was whether St. Theresa’s College (STC) violated the students’ right to privacy by accessing and using their Facebook photos without consent. The Court determined whether the students had a reasonable expectation of privacy on social media.
What is a writ of habeas data?	A writ of habeas data is a legal remedy available to individuals whose right to privacy is violated by the unlawful gathering, collecting, or storing of their personal data. It is designed to protect informational privacy and ensure control over one’s personal information.
Does the writ of habeas data only apply to cases of extralegal killings?	No, the writ of habeas data is not limited to cases of extralegal killings and enforced disappearances. It can be availed of as an independent remedy to enforce one’s right to privacy, more specifically the right to informational privacy.
What does it mean to be ‘engaged’ in gathering data for habeas data purposes?	To be ‘engaged’ in gathering data, for the purpose of habeas data, does not require being in the business of data collection. It simply means that a person or entity is involved in gathering, collecting, or storing data or information about an individual or their family.
What is informational privacy?	Informational privacy is the right of individuals to control information about themselves. This includes the ability to determine who can access their personal data and how it is used.
How does Facebook’s privacy settings affect one’s right to privacy?	Facebook’s privacy settings allow users to control the visibility of their posts and profile information. The Court held that actively utilizing these settings is a manifestation of a user’s intention to keep certain posts private, thus invoking their right to informational privacy.
What is the significance of setting a Facebook post to ‘Friends Only’?	Setting a Facebook post to ‘Friends Only’ does not guarantee complete privacy. The user’s own Facebook friend can share said content or tag his or her own Facebook friend thereto, regardless of whether the user tagged by the latter is Facebook friends or not with the former.
What is the role of parents in protecting their children’s online privacy?	The Court emphasized the importance of parental involvement in educating and supervising their children’s online activities. Parents should teach their children about responsible social networking and the risks of sharing personal information online.

The Supreme Court’s decision in Vivares v. St. Theresa’s College serves as a crucial reminder of the responsibilities that come with using social media. As technology evolves, so too must our understanding of privacy rights and the measures needed to protect them. This case sets a precedent for how Philippine courts interpret privacy in the digital age, underscoring the need for vigilance and proactive management of personal information online.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Vivares v. St. Theresa’s College, G.R. No. 202666, September 29, 2014