Does being in a public place mean data privacy no longer applies? NPC says no

• This photo is for editorial use only. (Pixabay)

Being in a public place does not automatically mean a person loses the right to privacy or that videos and photos of them can freely be posted online, the National Privacy Commission (NPC) clarified.

In a social media advisory, the NPC addressed a common assumption that people may be recorded and posted without consent simply because they are in a public space.

“Hindi ibig sabihin na nasa pampublikong lugar ka, nawawalan ka na ng RIGHT TO PRIVACY. Hindi ito nangangahulugang maaari ka nang i-record at i-post sa social media nang walang batayan,” the commission said.

Citing NPC Advisory Opinion Nos. 2021-014 and 2018-051, the commission said data subject rights do not disappear when a person is in a public place. The processing of personal data, including recording and posting content, may still fall under the Data Privacy Act of 2012.

The NPC also stressed that recording and posting are separate processing activities and may require different legal bases.

“Magkaiba ang pag-RECORD sa pag-POST,” the commission said.

According to the NPC, taking a photo or video in a public space may be allowed when there is sufficient basis, such as security, documentation, news reporting or personal use. However, the recording should still have a legitimate purpose and should not go beyond that purpose.

Posting the material online is another matter.

The NPC noted that a person’s face and identity may be considered personal data under the Data Privacy Act. Posting such content therefore needs a lawful basis, which may include consent or other grounds recognized under the law, such as legitimate interest, particularly when the content relates to public interest.

There are also situations that may fall outside the scope of the Data Privacy Act, such as purely personal use and legitimate journalism, the commission said.

The NPC illustrated the issue using a scenario in which a person is recorded while jaywalking and the video is later uploaded as “educational content” without consent.

The commission reminded the public that simply having a valid reason to record someone does not automatically provide a valid reason to upload the footage online.

“Ang pagkakaroon ng sapat na basis sa pag-record ay HINDI AUTOMATIC na nagbibigay ng basis para sa pag-post. Kailangan maglaan ng hiwalay at sapat na batayan para sa bawat isa,” the NPC said.

The commission likewise pointed out that once a photo or video is uploaded online, it may become accessible to people far beyond those who were physically present when the recording was made.

The NPC said its advisory was intended for general information and educational purposes and does not constitute formal legal advice.