14 Individuals and a Company Charged for Leaking Private Info of COVID Patients
Mayor Benjamin Magalong revealed last week that fourteen (14) individuals and one (1) company have been charged for “unlawfully disclosing private information” of Coronavirus disease 2019 patients on social media last July in Baguio City.
Last September 10, the complainants have filed a joint complaint-affidavit for violation of Section 9 of Republic Act 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act in relation to Republic Act 10175 or the Cybercrime Prevention Act of 2012.
Under Section 9 of RA 11332, the unauthorized disclosure of private and confidential information pertaining to a patient’s medical condition or treatment is prohibited. While in relation to Section 6, Chapter II of RA 10175, provides that “All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.”
Respondents Posted Private Info of Patients Without Consent
Based on an investigation done by the Regional Anti-Cybercrime Unit of the Cordillera, it was found out that respondents without authority have posted in their Facebook accounts details such as the names, ages, addresses and/or occupations of the complainants after they have tested positive for the virus on July 25, 2020.
“The postings in Facebook and eventual disclosure of their name, age, address, and/or occupation were all without the Complainants’ authorization, consent and permission, and the Complainants did not sign any legal document that gave the Respondents consent to make such disclosure.”– Complainants (Posted on Public Information Office – City of Baguio, September 29, 2020)
For “moral damages, anxiety, depression and sleepless nights” caused by the “unauthorized acts of the respondents,” the complainants asked for two hundred thousand pesos (Php 200,000) individually.
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