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ARTICLE · 10 JANUARY 2012

Limitations on Privacy of Employee's Computer Use Valid

Computer use policies should have clear and reasonable guidelines on recognition of employee privacy in the workplace.

PhilippinesPrivacy

By Paul Abbott P. Enriquez

As another calendar year comes to a close, Philippine companies are best advised to review their computer use policies to ensure that they have clear and reasonable guidelines on the recognition of employee privacy in the workplace. While the Bill of Rights of the 1987 Philippine Constitution could only be used against the State, it is still a good corporate practice to make it known to the rank-and-file that the management has the prerogative to inspect the digital workstations of their employees.

In Pollo vs. Constantino-David, et al.,1 the Philippine Supreme Court held that the search made by the Civil Service Commission (CSC) in office-issued computer of a public employee did not violate Section 2, Article III of the 1987 Constitution2 since it passed the two-fold test:

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