AS I get updates on Covid-19-related happenings in Baguio, it turns out that there is a repetitive cycle or alarming recurrence of new cases in the city despite all the efforts from all sectors and the question we ask ourselves is when will this stop?
Recent orders from Mayor Benjamin B. Magalong locks down several city barangays in order for tasked operatives to conduct contact tracing of residents found to be at risk of the dreaded virus. What is even more disturbing to many is the alleged leakage of names of residents tested to be positive with Covid-19 in social media.
The unauthorized release of names and details of residents who have tested positive for Covid-19 has reached the city's top executive and Mayor Magalong termed it as downright irresponsible and heartless.
The appeal that circulated in the mayor's FB page reminded readers of Section 9 of RA 11332, or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act that prohibits unauthorized disclosure of private and confidential information pertaining to a patient's medical condition or treatment. The act as stated in Magalong's post is punishable with imprisonment of not less than 1 month but not more than six months or fine of not less than P20,000 but not more than P50,000 or both at the discretion of the court.
We, the netizens and residents, are thus advised to exercise discretion and desist from sharing or divulging information about our fellow Baguio residents. Further, Magalong warned that we might thoughtlessly be violating law by being a party to the spread of unauthorized information regardless of this pandemic as each of us owe one another respect and privacy.
Accordingly, the mayor asked the PNP Anti-Cybercrime Group to have the matter investigated and he emphasized that those responsible will have their time in court.
With his new status as the Contract Tracing Czar by the National Task Force Against Covid-19 (NTF COVD-19) for institutionalizing a partnership between health workers and police public safety specialists in what he call a "contact tracing ecosystem," our former police general turned mayor is likely to get results and ensure actions.
Despite many conflicting views from netizens, the main gist of the warning is for us to respect people's privacy. Let us wait for the person who tested positive to voluntarily consent to be publicly identified and this was proven effective with Magalong's persuasion assuring the patient of full support from the city.
To describe in detail what Anti-Cybercrime law and Data Privacy Act are all about can take more than a whole page of this paper to elaborate and fully discuss but these are essentially laws that protect the rights of individuals and protect them from being scorned and put under public scrutiny. An example of this happened to 2018 Miss Universe Catriona Grey sought the help of the National Bureau of Investigation (NBI) to find out who are behind the fake nude photos showing her in an unfavorable light and for the culprits to be accountable for its posting in the social media.
The Data Privacy Act the Data Privacy Act 2012 in essence is a comprehensive and strict privacy legislation meant to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. Said Act applies to the processing of the personal information of Philippines citizens regardless of where they reside.
Specifically, the act states that the collection of personal data "must be a declared, specified, and legitimate purpose" and further provides that consent is required prior to the collection of all personal data.
It requires that when obtaining consent, the data subject be informed about the extent and purpose of processing, and it specifically mentions the "automated processing of his or her personal data for profiling, or processing for direct marketing, and data sharing." Further, the Act emphasizes that consent must be "freely given, specific, informed," and the definition further requires that consent to collection and processing be evidenced by recorded means. With this pandemic not likely to stray away with all the things happening beyond our control, let us pivot all our moves to essential things, keep our protective gears intact and observe all health guidelines as we heal as one.