Habeas Data
Habeas Data
Habeas Data
It is governed by The Rule on the Writ of Habeas Data (A.M. No. 08-1-
16), which was approved by the Supreme Court on 22 January 2008.
That Rule shall not diminish, increase or modify substantive rights.
Basis of the Supreme Court for the issuance
of the writ of Habeas Data.
The Rule was drafted pursuant to the Supreme Courts constitutional
power to promulgate rules for the protection and enforcement of
constitutional rights
Who may file a petition for the issuance of a
writ of habeas data?
The petition may be filed by the aggrieved party. However, in cases of
extralegal killings and enforced disappearances, the petition may be
filed by:
(a) Any member of the immediate family of the aggrieved party,
namely: the spouse, children and parents;
or
The lawful defenses such as national security, state secrets, privileged communication,
confidentiality of the source of information of media and others;
In case of respondent in charge, in possession or in control of the data or information
subject of the petition:
a disclosure of the data or information about the petitioner, the nature of such data or
information, and the purpose for its collection; the steps or actions taken by the
respondent to ensure the security and confidentiality of the data or information; and
the currency and accuracy of the data or information held; and Other allegations relevant
to the resolution of the proceeding.