Malacañang on Monday said it does not see any wrong with the Philippine National Police (PNP) monitoring social media accounts to spot violators of quarantine protocols amid the COVID-19 pandemic.
In defending the PNP’s move, Palace spokesperson Harry Roque said that the right to privacy was already waived once something is posted on the Internet.
This developed as Interior Secretary Eduardo Año filed charges against a netizen who had attributed a false quote to him about observing physical distancing after sex, the Department of the Interior and Local Government said Monday.
Police identified the netizen as Gabriel Marvin Cabier, a 26-year-old from Cebu City, according to DILG Undersecretary and spokesperson Jonathan Malaya.
Cabier was confirmed to be the administrator of Facebook page “One Ride One Shot," whose post falsely quoting Año was shared 11,000 times and had 3,600 reactions and 1,900 comments as of Aug. 11, Malaya said.
Cabier is facing complaints for unlawful use of means of publication and unlawful utterances in relation to the Cybercrime Prevention Act of 2012, among others, Malaya added.
However, evidence of quarantine violations found on social media must be obtained legally, the National Privacy Commission said Monday.
According to NPC commissioner Raymund Liboro, policemen may use social media to look for possible violations of quarantine protocols but they must recognize the public's data privacy rights.
"The leads or evidence the police get from social media must be legally obtained," Liboro told ABS-CBN's Teleradyo.
"Our law enforcers must use techniques that are non-invasive," he added, as he urged the task force to explain its method of monitoring social media posts to allay the public's fears of mass and indiscriminate surveillance.
"Everyone should be aware and the law enforcers who will use this should be trained in order to protect the public's rights. At the end of the day, if the public's trust is lost, it will not help the police," Liboro said.
Roque made the remarks after Joint Task Force COVID Shield ordered all police commanders to monitor social media for violations of quarantine protocol.
JTF COVID Shield Commander Police Lt. Gen. Guillermo Eleazar had said photos and videos of parties and drinking sessions can be used as evidence to warn, fine, and summon concerned individuals.
Roque said that monitoring social media was not listed as a violation of the country’s Cybercrimes Act.
“So, there is nothing wrong with our police if they will only monitor what is posted in the social media. It is not illegal,” he said.
Several groups have criticized the move of the PNP to monitor social media for possible quarantine violations received criticisms, saying this violates a person’s right to privacy.
However, Roque said a person has waived his right to privacy the moment he posts something on social media, adding “when it’s already posted on the social media, it means you already waived your privacy.”
Integrated Bar of the Philippines (IBP) president Domingo Egon Cayosa likewise said the police have the power to check viral posts for quarantine violations.
Roque added that checking social media accounts is now part of the police’s standard operating procedure (SOP) when conducting investigations.
He said the technology helps the law enforcers to track down criminals and this is just one instance where the police are using technology.
Roque also explained that in developed countries, police check social media and cellphone during investigations.