Philippine Bar review · Question

Practice question: Lawful Access and Confidentiality

Multiple Choice Hard Jurisprudence

Practice question

A private employer invokes Section 32 solely because an employee read an ordinary privately supplied file, but no access pursuant to any power conferred by RA 8792 is established. What qualification is necessary?
  1. Every private file access automatically invokes every RA8792 power.
  2. Section 32's specific statutory-access predicate must be established; other confidentiality laws or duties may separately apply.
  3. No confidentiality duty can ever apply to private employment.
  4. The employee automatically owns all material read.
  5. The lack of a Section32 predicate proves that public disclosure is lawful under every law.

Legal references

  • RA 8792, Sections 31-32, lawful access and confidentiality: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/3888

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