SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and” x
Representative Maximo B. Rodriguez, Jr. NEN

House Bill No, 3048

EXPLANATORY NOTE

Section 5 of Article 2 of the Constitution provides that, “The maintenance of peace
and order, the protection of life, liberty and property, and the promotion of general welfare
are essential for the enjoyment by alll the people of the blessings of democracy.”

The privacy of individuals and their families have been violated by photographers
Videographers and audio recorders who physically trespass in order to capture images or
other reproductions of their private lives for commercial purposes, or who do so
constructively through intrusive modem visual or auditory enhancement devices, such as
powerful telephoto lenses and hyperbolic microphones that enable invasion of private areas
that would otherwise be impossible without trespassing.

‘Such harassment and trespass threatens not only public persons and their families
but also private persons and their families for whom personal tragedies or circumstances
beyond their control create media interest.

This bill seeks to provide protection from personal intrusion for commercial purposes
to protect individuals and their families against intrusions on their privacy due to activities
undertaken in connection with the reproduction and broadcast of their private activities.

Immediate approval of this bill is eamestly sought.

RUFYSB. RO! EZ

MAXIMO B. oa JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B, Rodriguez and
__ Representative Maximo B. Rodriguez, Jr.

House Bill No, 3548

N ACT
TO PROVIDE PROTECTION FROM PERSONAL INTRUSION FOR COMMERCIAL
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the “Personal Privacy
Protection Act’.

SEC 2. Declaration of Policy. - itis hereby declared the policy of the State to adopt
measures that would effectively promote the maintenance of peace and order, the protection
of life, liberty and property, and the promotion of the general welfare which are essential for
the enjoyment by all the people of the blessings of democracy in a just and humane society.

SEC 3. Definition of Term. — For purposes of this Act, the term “for commercial
purposes" shall mean with the expectation of sale, financial gain or other consideration.

SEC 4. Rule of Construction. ~ For purposes of this Act, a visual image, sound
recording, or other physical impression shall not be found to have been, or intended to have
been, captured for commercial purposes unless it was intended to be, or was in fact, sold
published or transmitted in Philippine or foreign commerce, or unless the person attempting
to capture such image, recording, or impression moved in Philippine or foreign commerce in
order to capture such image, recording, or impression

SEC 5. Trespass for Commercial Purposes; Invasion of Legitimate Interest in
Privacy for Commercial Purposes. —

(1) Trespass for Commercial Purposes — It shall be unlawful to trespass on private
property in order to capture any type of visual image, sound recording, or other
physical impression of any person for commercial purposes;

(2) Invasion of Legitimate Interest in Privacy for Commercial Purposes ~ It shall be
unlawful to capture any type of visual image, sound recording, or other physical
impression for commercial purposes of a personal or family activity through the
use of a visual or auditory enhancement device, even if no physical trespass has
occurred if:

a. the subject of the image, sound recording, or other physical impression
has a reasonable expectation of privacy with respect to the personal or
family activity captured; and,


b. the image, sound recording, or other physical impression could not have
been captured without a trespass if not produced by the use of the
enhancement device.

SEC 6, Cause of Action. - Any person who is legally present in the Philippines who
is subject to a violation of this Act may, in a civil action against the person engaging in the
violation, obtain any appropriate relief, including compensatory damages, punitive damages
and injunctive and declaratory relief. A person obtaining relief may be either or both the
owner of the property or the person whose visual or auditory impression has been captured.
in any civil action or proceeding to enforce a provision of this Act, the court shall allow the
prevailing party reasonable attorney's fees as part of the costs. In awarding attorney's fees,
‘he court shalll include expert fees as part of the attorney's fees.

SEC 7. Limitation on Defense. - It is not a defense to an action under this Section
that:
(1) no image or recording was captured; or

(2) no image or recording was sold

SEC 8. Use of Images. ~ Nothing in this Act may be construed to make the sale,
transmission, publication, broadcast, or use of any Image or recording of the type or under
the circumstances described herein in any otherwise lawful manner by any person subject to
criminal charge or civil ability

SEC 9. Limitation. - Only a person physically present at the time of, and engaging or
assisting another in engaging in a violation of this Act is subject to civil liability under this Act.
A person shall not be subject to such liability by reason of the conduct of an agent,
employee, or contractor of that person, or because images or recordings captured in
Violation of this Act were solicited, bought, used, or sold by that person.

SEC 10. Law Enforcement Exemption. - The prohibitions of this Act do not apply
with respect to official law enforcement activities.

SEC 11. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent
with the provisions of this Act is hereby repealed, modified or amended accordingly

SEC 12. Separability Clause. - If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SEC 13. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspapers of general circulation

Approved,