Our company conducted an investigation of our direct superior who has been very difficult to deal with and is known for his very toxic behavior. I was one of those employees interviewed by management where I answered all questions and also shared my traumatic experiences at work. After a week, I was surprised that my voice recording was leaked on Facebook and it is being used against me to damage my reputation. I found out that a staff in the private panel exposed my testimony. What are my legal remedies?
Anna
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Dear Anna,
The right to privacy is a recognized fundamental human right in our country. The leaking of private communications on social media, especially when without consent, is illegal.
There are three cases violated and you may pursue a case against the person who committed this:
The Anti-Wiretapping Law (RA 4200) is a law that prohibits unauthorized individuals from intercepting, recording, or eavesdropping on private communications, such as phone calls or spoken words.
The Data Privacy Act of 2012 (DPA), (RA 10173) applies to private online communications, as it protects personal data in information and communication systems. Sharing private messages or content without consent can be a violation of the DPA, particularly if it involves sensitive information. Posting private conversations without consent of the party is a violation of this act, which carries penalties.
Cybercrime Prevention Act of 2012 (RA 10175) applies to the sharing of private conversations online and if the leaked communication would show the malicious intent to harm reputation, this can be considered cyber libel.
All of these laws protect private communications and aim to safeguard privacy rights while also promoting free flow of necessary information in both government and private sectors.
Atty. Angela Antonio