Writ of Habeas Data

What is the writ of Habeas Data

• A constitutional remedy that protects the continual rights to privacy and security of communication.

  • 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.

What it does–Relief and remedies

• Allows the person access to the data held by authorities

• Enables the correction, deletion, or destruction of that data

• Courts can issue orders to stop surveillance, delete record, or prevent further data misuse

 Who may file Habeas Data

•  Any aggrieved party may file a petition for a writ of habeas data.
  In cases of extralegal killings and enforced disappearances, the petition may be filed by:

• Any member of the immediate family of the aggrieved party—spouse, children, and parents; or

• In default of any of them, any ascendant, descendant, or collateral relative within the fourth civil degree of consanguinity or affinity.

What must be alleged in the writ of habeas data

• Personal circumstances of the petitioner and respondent

• Manner by which the right to security was infringed

• Location of the files, data, and necessary material

• Actions taken by the petitioner to secure the data

• Reliefs prayed for

• Such other relevant reliefs that are just and equitable

WHEN IS IT APPLIED

There must be a nexus between right to privacy and right to life, liberty and property

DIFFERENTIATE Writ of Habeas Corpus, Writ of Amparo, Writ of Habeas Data