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Writ of Habeas Data

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Writ of Habeas Data

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  1. WRIT OF HABEAS DATA Habeas data literally means ‘you should have the data’

  2. Origin of writ of habeas data • The roots of the habeas data can be traced to certain EUROPAEN legal mechanisms: • German Constitutional Tribunal • Council of Europe’s 108th Convention on Data Protection of 1981

  3. The scope and concept of this writ vary from country to country; but in general, it is designated to protect by means of an individual complaint presented to a constitutional court the image, privacy, honor, information self-determination and freedom to information.

  4. Philippine Version • A.M. No. 08-1-16-SC or THE RULE ON THE WRIT OF HABEAS DATA • It was enacted on January 22, 2008 and took effect on February 22, 2008 , following its publication in three (3) newspapers of general circulation.

  5. Writ of Habeas Data=Writ of Amparo According to Chief Justice Reynato Puno, the writ of habeas data complements the writ of amparo by helping produce or correct data that is relevant to protect the rights of a person who disappeared or is the victim of an extrajudicial killing.

  6. Provisions

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