VIVARES v. ST.

THERESA’S COLLEGE
G.R. No. 202666, September 29, 2014

FACTS
The case involves a petition for a writ of habeas data filed by the parents of two minors
against St. Theresa's College (STC) and its officials. The minors' photos, taken at a beach party
and uploaded on Facebook, were accessed by a computer teacher at STC and shown to school
officials. Subsequently, the school imposed disciplinary actions on the minors, including barring
them from participating in the graduation ceremony. The parents argued that the school violated
their children's right to privacy and filed a petition for a writ of habeas data.

ISSUE
Whether or not a writ of habeas data should be issued given the alleged violation of the minors'
right to privacy.

RULING
The court ruled that there was no violation of the minors' right to privacy and dismissed
the petition. The court explained that while the right to privacy is recognized and protected, it is
not absolute and must be balanced with other interests, such as the school's duty to enforce its
policies and rules on discipline. In this case, the court emphasized the concept of informational
privacy and the importance of using privacy tools available on social networking sites like
Facebook.

Furthermore, the court highlighted that users have a responsibility to control their privacy
settings and exercise caution in their online activities. Given that the photos in question were
uploaded on Facebook and accessible to the minors' Facebook friends, the court found that the
minors did not have a reasonable expectation of privacy in their Facebook posts. Additionally,
the photos could be shared or tagged by others, further diminishing any expectation of privacy.