Practice question
A student claims a school necessarily hacked her account because it obtained a screenshot of a social-network photograph. The established record instead shows that a person with ordinary permitted access displayed the photograph from that person’s own account; no access barrier was bypassed. The disputed issue is the scope of the student’s claimed online privacy zone, not any separate statutory offense. Which approach best reflects Vivares?
- Possession of any screenshot conclusively proves hacking.
- Every viewer is automatically a State agent.
- Assess the photograph’s visibility, actual permitted audience and manner of access instead of presuming unauthorized intrusion from the screenshot alone.
- A password means even deliberately public posts can never be viewed by anyone.
- Online privacy is legally impossible, regardless of selected restrictions.
Legal references
- Vivares v. St. Theresa’s College, G.R. No. 202666, September 29, 2014, main decision: https://lawphil.net/judjuris/juri2014/sep2014/gr_202666_2014.html
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