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With respect to the DPA, personal information, such as names, or any other information from which the identity of an individual is apparent or can be reasonably and directly ascertained, and sensitive personal information including but not limited to age, religion, educational attainment, marital status, and government-issued identification numbers are considered as personal data and are given with a certain degree of protection. Any forms of processing of personal data such as its use, sharing, collection, and even erasure falls within the scope of the DPA. 

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Consequently, if the screenshots contain personal data, they are covered by the DPA. Posting these screenshots without the consent of the other party constitutes unauthorized processing, which is punishable under the DPA. As a remedy, the aggrieved party may file a complaint before the National Privacy Commission (“NPC”).

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With respect to the Cybercrime Prevention Act, if the screenshots are defamatory, the person responsible for posting the screenshots can be held liable for cyber libel. In essence, libel can take the form of written statements, publications, or any other means, including online, that tend to cause dishonor, discredit, or tarnish the reputation of any person. Simply stated, posting screenshots, with malicious intent, is a crime punishable by the Cybercrime Prevention Act.

You may also be held liable for damages under the Civil Code of the Philippines, which explicitly states that violation of the right to privacy shall produce a cause of action for damages. Damages may be actual or compensatory damages for the actual damage sustained or moral damages due to besmirched reputation, social humiliation, or even mental anguish as a result of the unauthorized posting of the screenshots. 

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It is not advisable to post screenshots of conversations or messages without asking permission or obtaining consent from the other party. This is because every individual has the fundamental right to privacy, which is inviolable except in cases of a lawful court order or when public safety or order necessitates otherwise, as prescribed by law.

Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance in addressing problems relating to the Data Privacy Act, Cybercrime Prevention Act, the Civil Code of the Philippines, or other privacy concerns, consult with a legal professional.‍

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‍Padin & Partners Law Offices is a full-service law firm based in Cebu City, Cebu Philippines, that offers legal services such as legal advice on privacy concerns. For consultations: book an appointment or reach us at +63 (32) 316-1540 or +63 917 188 0361.

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