In this time of crisis we are facing due to COVID-19 there are only two things we need to focus on:
1. Safety and
2. Protection
Safety of the individual on getting COVID-19. The prevention measures we need to put and as such cleaning, personal hygiene and social distancing are very important in the priority of each individual and our families right now. And if we contract it what are the procedures that we need to do.
Safety countermeasures are very important outside of our home from barangays, LGU and hospitals. As individuals we need to educate ourselves on these measures outside our homes.
Protection on other hand is needed on protecting the individual. In this time of COVID-19 digital risk is very high due to the fact that when we started ECQ we became 100% digital. People may argue on that we do not need privacy in this time of crisis and we just need to save lives. That is true that why in RA 10173 / Data Privacy Act has exemption if it is a matter of life and death.
But, we also need to balance this out specially on PUIs and PUMs. The call last week by PMA and IBP on the lifting of the confidentiality on PUMs and PUIs may have merit but the issue is not confidentiality it is about an honest disclosure of a patient like what happened on the case of Senator Koko Pimentel visitng Makati Medical Center a few weeks ago without disclosing that he has the virus.
RA10173 maybe a special law because of the change in times and change of business models but we need to understand that Privacy is based on our Bill of Rights in Article 3 Section 2 of the Constitution that emanates even on the 4th amendment of the US Constitution and the Common Laws of England dating back from 1630.
Article 3 of the Bill of Rights states that:
Sec. 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Sec. 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
As Commissioner Mon Liboro has mentioned we have laws that are in place and RA 11332 (An Act Providing Policies and Prescribing Procedures on Surveillance and Response to Notifiable Diseases, Epidemics, and Health Events of Public Health Concern) can be imposed on such cases that is complementary to the Data Privacy Act / RA 10173.
To note RA 11332 mandates patients, PUIs, and PUMs to be fully transparent and truthful to DOH, hospitals, and other pertinent public authority on the personal data (travel and medical history, etc.) requested from them. Such information will be material for health and local institutions to treat them and/or properly contain the spread of the infectious disease in a timely manner. Where they may falter in cooperation, as when they refuse to provide details or conceal required information, patients can be penalized with imprisonment and hefty fines under the act .
As the late Judge Brandeis once said on the landmark case in 1928… “The right to be let alone is the most comprehensive of rights and the right most valued by civilized men”