FIFTEENTH 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. 2642

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 all 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 modern 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 earnestly sought.

RUFUS B. Rt IGUEZ

Wa

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH 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. 2642

AN 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. — It is 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 attomey’s fees,
the court shall 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 mages. — 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 liability.

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.