Philippine Bar review · Question

Practice question: Habeas Data (AM 08-1-16-SC)

Multiple Choice Hard

Practice question

An applicant identifies false addresses in a stored dossier, describes threats referring to those addresses, and submits credible supporting records. Assuming other requisites, what must the court assess before granting final data relief?
  1. Only whether the dossier is electronic.
  2. Whether substantial evidence proves the alleged unlawful privacy interference and its connection to life, liberty or security.
  3. Whether the respondent consents.
  4. Whether a damages judgment was first obtained.
  5. Whether every supporting paper has a government seal.

Legal references

  • https://lawphil.net/judjuris/juri2008/jan2008/am_08_1_16_sc_2008.html — A.M. 08-1-16-SC, January 22, 2008; Habeas Data Rule sections 1, 6, 10, 16 and 22.
  • https://lawphil.net/judjuris/juri2014/oct2014/gr_203254_2014.html — Lee v. Ilagan, G.R. 203254, October 8, 2014, main opinion: privacy nexus and substantial evidence.

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