Dear PAO,
We are asking for your advice on this difficult matter. My father had a verbal altercation with our neighbor a few days ago. We notice that after the fight, all of their CCTV cameras were turned towards our house. Every camera is aimed at our gate, our windows, and even our terrace. The terrace is where we sit, eat, and talk. We feel like we are being watched all the time. I want to know, attorney, is there a law that prohibits pointing a CCTV camera directly at someone’s terrace, even if the camera is on their property? Is that a violation of our privacy?
E. Chris
Dear E. Chris,
The right of privacy is enshrined in our Constitution. The right to privacy is defined as the “right to be free from unwarranted exploitation of one’s person or from intrusion into one’s private activities in such a way as to cause humiliation to a person’s ordinary sensibilities.” (Social Justice Society (SJS) vs. Dangerous Drugs Board, G.R. Nos. 157870, 158633 & 161658, November 3, 2008, Ponente: Honorable Associate Justice Presbitero J. Velasco, Jr.)
The New Civil Code likewise explicitly states that prying into the residence of another shall produce an action for damages, prevention and other relief:
“Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:
“1. Prying into the privacy of another’s residence;”
In the case of Hing vs. Choachuy (G.R. No. 179736, 26 June 2013, Ponente: Associate Justice Mariano C. Del Castillo, the Supreme Court held that the right to privacy is not confined to the house or residence, it may also extend to places where the person may have the right to exclude the public or deny them access. In this case, the Supreme Court affirmed the finding of the trial court that petitioners have a “reasonable expectation of privacy” in their property, whether they use it as a business office or as a residence and that the installation of video surveillance cameras directly facing their property or covering a significant portion thereof, without their consent, is a clear violation of their right to privacy.
Therefore, mounting a set of cameras pointed at another person’s property with the obvious purpose of monitoring or prying into the activities of such person violates his or her right to privacy.
In your case, just like in Hing vs. Choachuy, you have a right to prevent the capture of video or photo by cameras mounted by your neighbor on his or her property as the footage invades the privacy of your house, even if the cameras are installed inside his or her property.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
